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I'm posting here to ask for a little more info as to what debt validation is exactly? And what other things to ask for aside from the three in the opening post?

In my case, I'm being sued and am presently working on my discovery documents.

thanks :-)

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I'm posting here to ask for a little more info as to what debt validation is exactly? And what other things to ask for aside from the three in the opening post?

In my case, I'm being sued and am presently working on my discovery documents.

thanks :-)

I'm answering my own post. I found this info today:

Defendant would show unto the court, as a matter of law, Where the complaining party can not prove the existence of the note, then there is no note.

Defendant would show unto the court, the Court’s have held that law applicable to a promissory note for some purposes is also applicable to other credit agreements and instruments:

[1999 Tex. App. LEXIS 3804,*;994 S.W.2d 280

KAREN SMITH BIRD, Appellant, v. FIRST DEPOSIT NATIONAL BANK, Appellee.

We find that a bank's credit card account is analogous to a promissory note, …..]

To recover on a promissory note, the plaintiff must prove:

(1) the existence of the note in question;

(2) that the party sued signed the note;

(3) that the plaintiff is the owner or holder of the note; and

(4) that a certain balance is due and owing on the note.

See In Re: SMS Financial LLc. v. Abco Homes, Inc. No.98-50117 February 18, 1999 (5th Circuit Court of Appeals) and the Courts have held further no part payments should be made on the bond or note unless the person to whom payment is made is able to produce the bond or note and the part payments are endorsed thereon.

If no one is able to produce the “instrument” there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course.

Further, Common law also dictates that the plaintiff prove the existence of the alleged note in question, prove that the party sued signed the alleged note, prove that the plaintiff is the owner and holder of the alleged note, and prove that certain balance is due and owing on any alleged note.

Federal Circuit Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. See Matter of Staff Mortg. & Inv. Corp., 550 F.2d 1228 (9th Cir 1977). “Under the Uniform Commercial Code, and Mississippi Code 75 the only notice sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party, his agent or bailee.” Bankruptcy Courts have followed the Uniform Commercial Code. In Re Investors & Lenders, Ltd. 165 B.R. 389 (Bkrtcy.D.N.J.1994),

Unequivocally the Court’s rule is that in order to prove the “instrument”, possession is mandatory. Absent this, Plaintiff's pleadings fail to empower the court with personal or subject matter jurisdiction to hear claims against the Defendant, and plaintiff claims should be dismissed.

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A bit more to add:

Claim of damages, to be admissible as evidence, must incorporate records such as a general ledger and accounting of an alleged unpaid promissory note, the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger.

See Pacific Concrete F.C.U. V. Kauanoe, 62 Haw. 334, 614 P.2d 936 (1980), GE Capital Hawaii, Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32, (Hawaii App 2001), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr. 371, (Conn. Super.2000), and Town of Brookfield v. Candlewood Shores Estates, Inc. 513 A.2d 1218, 201 Conn.1 (1986). See also Solon v. Godbole, 163 Ill. App. 3d 845, 114 Ill. Dec. 890, 516 N. E.2d 1045 (3Dist. 1987).

~~~

Failure to establish injury leaves the Court without a means to effectuate a remedy and certainly without a basis to allow Defendants to lose their property interest by means of foreclosure.

See DeCastro v. Wellston City Sch. Dist. Bd. of Educ., 94 Ohio St. 3d 197;761 N.E.2d 612 (2002), (finding that a breach of contract claim without allegation and evidence of actual damage does not provide a means for judicial relief and wastes the Defendant’s and Court’s time and resources).

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I would say that in my case, where I never received a dunning letter from the creditor; only a summons which I answered of course and then 2 days before the hearing receive my first dunning letter--DV is not usless:boxing: . They are backstroking and I am not going to let them without a fierce stoke and doggie paddle.:boxing:

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Hi,

When you say that one should ask for discovery documentation to illustrate how the debt was calculated, what does this mean specifically? Is there something in particular that should be requested in discovery i.e. original account statements. I'm thinking that the original account statements would establish what was originally owed as well as provide a marker as to how the debt has been calculated since then. Is that correct? If this is a second generation debt collector (debt collector bought the debt from a previous debt collector who bought it from the original creditor in March 2000), does the debt collector also need to provide account statements from the previous debt collector?

If the debt collector cannot establish how they calculated the debt, is that a ground for dismissal? Is the lack of an original contract signed by me, or original account statements from the original crditor grounds for dismissal? My case will be heard in NY in late November.

Thank you.

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