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ASSet chain of custody, any problems from anyone


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1.) Answer, (AND COUNTERCLAIM!)

2.) Mtd for failure to state a claim,

3.) Rog, demand document production, and request admissions,

If they get you all that, if you do it right, they will more than likely trip up on one of those and make your case for you.

I firmly believe in the premise that lawyers are stupid and lazy.

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Good Point. Most of the lawyers we have to deal with just want easy money default judgements so they only have to work 4-6 hours a day and have their weekends.

Deciding to choose a career that is based on constant conflict takes it's toll on any human being. I've only had three court cases so far and I'm spent as it is. These bad guy lawyers I have talked to have the same bitter sort of defeat in their voices that car salesmen and Police officers do.

The ones that go after big business debts and other big debts racked up by people who make well into 6-figures are the ones who are the smartest and most dilligent.

If you owe tens of thousands, you can be sure that a pro won't waste time with typical CA and JDB form letters, they just sue and garnish and make no mistakes.

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Was wondering if anyone had been in court with them and have got them on the chain of custody..Do they have it together or usually not.? Any personal experience?

I have got a partial answer from JDB ASSLLC, they have asked and been granted more time to find the "contract", 30 additional days. They refer, as I did , to the "revolving" account. I asked that they admit that open-end CC are defined by TILA 1602, they said that it was matter of law. I asked for them to admit KRS 413.120 was the SOL statute with 5 yr SOL. They said, it is a matter of law. I asked that they admit it was a oral agreement, the denied, says CC are written accounts (15 yr sol in KY).

So, I have been to the Law library for 3 days, read all SOL statutes (annadoted as well (sp)). I cannot find any references to CC as written, oral, implied or other, anything! I have found good reference about written contract having to be signed. So far, nothing from the CA and I do not think they can if ASSet chain of custody is in question.

Can I refer to Federal cases in a state case, other neighboring states definitions of CC (open end)?

What should I do to challenge a "colorfull" arguement by a CA Atty. that a CC is a WRITTEN contract?

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I'm no lawyer, but if they say it's written, where's the writing? Can they produce a document with your signature?

I don't think they can and they haven't yet. Not even an application. They 1st filed November 2007 and have asked the court for a 30 day extentsion, which is up in 2 days, to find what I have asked for.A CONTRACT!!!! ( They have had a total of about 75 days since they filed) They claim they have had this for 5 years and it seems to me if your'e gonna file, you should have your paperwork in order. I answered quickly and sent discovery request within 14 days of being served.

The SOL for reporting (7 yrs) is up in about 45 days.

This is why I have asked if anyone has had a case with them where the chain of custody was shown to have failed or any other experience with them that may be helpfull.

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