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Request for pretrial conference, now what?


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My husband just got some paperwork in the mail from Bennett & Deloney and I am not sure what I do next, I posted on here previously asking about Midland, we already received the summons and answered back with a debt validation letter. Now they have sent my husband a letter that states, per your request you will find documentation providing verfication of the debt. Attached to this is an affidavit in support of judgment. It reads as follows:

BEFORE ME, the undersigned authority personally appeared and personally known by me, this day, and who after being duly sworn deposed and says as follows:

1. That I am a competent person over eighteen years of age. I am employed by Midland Credit Management, Inc. servicer of this account on behalf of Midland Funding, I make the statements herein based upon my personal knowledge. Midland Funding is the current owner of, and/or successor to, the obligation sued upon.

2. That Midland Funding predecessor in interest sold and assigned all right, title and interest in the defendant's (original card holder and account number were stated, as well as Midland's account number for this)to Midland Funding. In the ordinary course of business, Midland Funding purchases charged-off credit accounts, installment acounts andor other credit lines.

3. That the scope of my job responsibilities in cludes the oversight of credit accounts maintained by Midland. blah, blah, blah (talks about the persons duties)

4. That based upon my personal knowledge of MCM, Inc's business records and the practices for servicing of the credit accounts of Midland the contents of this Affidavit are true and correct. If called upon and sworn to testify herto, I could and would so competently testify thereto.

5. That in addition to the foregoing, Midland maintains, as a regular practice of its business, computer records of activity on its accounts, including payments received, amounts owing on such accounts, credits and offsets. etc, etc.....

6. (This paragraph gives the just and true balance on account).

7. That demand for payment of the just amount has been made more than 30 days prior hereto and payment for the amount owing has not been tendered. There is no record of any legitimate dispute by the accountholder.

8. That all documents attached hereto are certified to be correct originals of true and correct copies of the originals, being reproductions from the records or being evidence to establish the contents of a lost or destroyed document or computer transactional records. I declare under the penalty or perjury that the foregoing is true and correct.

9. That upon information and belief, based upon business dealings with the defendant, that defendant is /are not and infant or incompetent person and that defendant is not in the military service and is not entitled to the rights and privileges provided under the Solders and Sailor Civil Relief Act of 1940, as amended.

Then at the bottom there was a copy of a signed signature. Then it said it was notarized, also just a copy.

The pages that followed were a copy of the cardmember agreement.

No signature from my husband, nothing that would really prove it is his other than the account number. The next piece of paperwork that came was a request for pretrial conference with no date. What does this mean and what do I reply? Can I write back saying that was not proper validation and request proper validation? Thanks again. Sorry this is soooo long....:roll:

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My understanding is that it is STILL hearsay. There 'expert' can not testify to any original alleged transactions because he did not have knowledge of them at the time of their creation, nor did he work for the OC at any time. My understanding is that you can object to this, that they would need a witness from the OC. Search hearsay, I think you may come up with something. I think there may be many other objections, as well...

notagain xxheartxx

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"Attached to this is an affidavit in support of judgment"

Is this a judgment you are fighting?

No, it isn't. I was also wondering why it said that. My husband was summoned by Midland a couple of weeks ago, we answered it along with a notice of appearance and certificate of service (brought to court house and certified mail to their attorney) we also sent a cease and desist letter as well as the DV. Why do you think it says that? What do I do about the pretrial conference? Thanks

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