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MTS Hearing on the 31st

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Hearing being held in Judges Chambers on Tuesday on the Plaintiff's MTS my objections to their filings (affidavit, bill of sale, generic credit card statement). (See earlier post http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=292842)

The only objection they raised was that "it appeared to be authored by an attorney". They raised no argument or objection to the content of my MTS.

Also being heard is my MTS their Filings. This is the first hearing I have been to and I don't really know what to expect. In getting prepared for it I came across this Vo decision which is PA law (I'm in Florida); however all the filings in this matter are almost identical to one's Unifund filed in mine. The date of the bill of sale is different but contains the same missing Section and the affidavit only refers to one other JDB - Palisades who is not named in the complaint caption or averred to in the Complaint. The Judge ruled in favor of Vo and a lot of the reasons why are similar to my objections in my MTS. Vo Decision link:


I used the white papers posted by Nascar @ http://www.fljud13.org/pdfs/countyci...UTLINE-F01.pdf to assist with my MTS. It was invaluable.

Having said all that... would it be in appropriate for me to refer to the Vo decision in the hearing since it is PA? I would love to show this to the Judge and he can see for himself the similarities that the affidvit and bill of sale have.

Any advice on what to bring or how to prepare would be great. I am contacting the JA tomorrow afternoon to make sure the hearing is still on. The lawyer is in Miami and I have not received any correspondence from him or JA that he would be appearing telephonically so I am assuming he is going to show up or have local counsel attend. Below is the closing summary of my MTS and is going to be the foundation of my arguments. Like I said ANY ADVICE, CRITICISMS (constructive hopefully) etc.. are welcome and appreciated. Thanks


In summary, the Plaintiff’s complaint is based on an alleged credit card agreement between Defendant and Citibank. The Plaintiff is not a party to this relationship unless Plaintiff can establish it acquired Citibank's right, title, and interest in and to an alleged account between Defendant and Citibank. Florida Rules of Civil Procedure require a party to attach all documents, which form the foundation of the Plaintiff's cause of action. The foundation of Plaintiff's cause of action includes Citibank’s assignment of Defendant's alleged account to Plaintiff. The documents filed with the court by the Plaintiff do not establish the existence of a valid assignment between Citibank and Plaintiff, the terms and conditions of any agreement, nor does it establish any right, title, chain of title and interest upon which Plaintiff is suing or can bring this cause of action.

Wherefore, the Defendant, XXXXXXX respectfully requests this Court to strike the Plaintiff’s Notice of Filing and attached documents and dismiss with prejudice this action and Plaintiff’s demands for judgment, interest, costs, attorney fees and disbursements and any further relief this Court deems just and proper.

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The PA decision is not binding, but it may well be compelling. I'd bring it up. Have copies for 3 when you go.

It appears that you are well prepared, I think that you will do well.

Someone here (I don't remember who) mentioned that in a similar hearing in chambers, they felt ignored, or words to that. Remember you are your attorney and have as much right to speak as the plaintiff. Respectfully to be sure, but not bowled over, trampled or bullied, dismissed, ETC. If you wait for the perfect moment to open your mouth out of politeness or social grace it may never come.

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Yes, take the Vo decision with you and copies for the Judge and opposing counsel. With it you can show you had plenty of information available to author the MTS yourself. If that is all they managed to come up with, then your MTS should be a slam dunk.

Object to everything you can, do not wait for the judge to ask you, just say "Objection your Honor" and wait for the objection to be heard. Make sure you get the chance to present your side by being very forward, do not just sit and wait to be called on, this is court not school.

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