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HELP! I don't wanna go to court again!!


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1. Received summons - being sued by JDB for old credit card from 2005

2. Answered summons and Court set a trial date

3. Sent Request for Production of Docs to plaintiff's attorney

4. Went to court and judge said he'd reschedule so plaintiff would have their full 30 days to produce docs

5. Monday, two days before their 30 days is up plaintiff attorney sends me a bunch of photocopies including a few old credit card statements from 2005, a generic cardmember agreement - no signature or my name on it, and a copy of a bill of sale from OC to first JDB then from first JDB to the current one.

6. So far no new court date set but I'm sure it's coming

Can I go ahead and file a Motion to Dismiss now using the argument that everything the plaintiff provided is hearsay? Or do I have to wait until another court date is set, show up and do it then? :confused::confused:

Thanks!

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Thanks for the info! Of course, more questions pop into my mind.... :idea:

The copy of the generic cardmember agreement was from Chase Bank - 2004 version. The actual credit card was taken out in 1994 with First USA Bank. Should I say something about that in my MTD?

Also, should I only address the Bill of Sales from OC to JDB #1 as hearsay? Or include the five credit card statements from 2005 in my hearsay argument?

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No, nothing from Chase other then the "Bill of Sale" from them to Unifund Portfolio LLC (JDB #1) dated February 2008 that talks about "certain receivables, judgements or evidences of debt described in Exhibit 1 attached" - but there's nothing attached.

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