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JDB has copies of CC statements


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Ok so I am knee deep now. Court has not been set as we are still in the discovery stages.

I just received copies of my CC statement that the JDB is bring me to court. What sort of defense is there if they have copies of statements?

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Just because they can show an old credit card statement does not mean they were sold the debt. As Alva posted the JDB must prove they have the right to collect on this debt. You must challenge their right to collect. What proof have they provided to you that this specific debt was sold to them by the OC?

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to be honest its very confusing.

Assignment Cavalary SPV transfers to Cavalry Portfolio Services on 2003

But then shows original creditor selling it to Cavalry SPV on June 08

CC statement that is sent to me is from 06 showing I made a payment and I have no knowledge of any payments made in 06

So Confused I am

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Assignment Cavalary SPV transfers to Cavalry Portfolio Services on 2003

But then shows original creditor selling it to Cavalry SPV on June 08

They need to be able to prove this in court, and show the contracts or whatever documentation that they own YOUR specific debt. If they can't prove they own it, then they have no legal standing to collect.

Although your state may have slightly different rules, take a look at this blog, with some good points to ponder in any jdb lawsuit http://www.alabamaconsumer.com/CM/Custom/FAQs-About-being-Sued.asp

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It may or may not get thrown out, you have to actually present a defense, and ask about these issues (the judge won't make your case for you) and they will try to trip you up and get you to admit to the debt every step of the way. You could lose by making a simple mistake

I suggest you read everything you can, and ensure you have a really good understanding of the issues, so you feel confident when you do go to court.

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Research business records and hearsay. In quite a number of jurisdictions it is hearsay unless they have a business record affidavit attached to each assignment or a live person from the assigning company testifying to the validity of the assignment.

They have to prove a contract actually existed.

They have to prove that the charges were actually made.

They have to prove the amount of damages.

They have to authenticate the credit card statements. This means they will need a business record affidavit or live person from the cc company.

Research directed verdict.

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That and if they present an affidavit on the spot, object to its admission, since it was not provided to you before hand. once it can't be used, it is as good as not being there.

They will try to pull fast ones on you, you can stop them on their tracks!!!

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