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Requested Cavalry Portfolio provide documentation. As thought they provided a poorly copied credit card agreement that could belong to anyone and an Affidavit of Account signed by a Todd Freeman but does not identify me in any fashion or that I agreed to pay them anything. I filed my response and objection to the use of those documents as they do not clearly identify me and could belong to anyone that ever lived at the address that I live at including but not limited to Mickey Mouse and Donald Duck. Cavalry then turned around and sent me their first supplemental rule 26.1 disclosure statement with a list of exhibits that include an Affidavit of Claim, BIll of Sale and Assignment of Loans and Assisgnment and list of accounts sold. I filed a Motion to strike this information that they submitted because the Affidavit of Claim pertains to acts and events that allegedly occurred between myself and a third party, that the creator of the Affidavit nor the plaintiffs employees were present to witness any alleged acts or creation of the records, transactions occuring between myself and defendent and MBNA and therefore can not testify that I was the actual debtor based on personal knowledge, they are not employees of MBNA so can not testify as to how their records are kept so the Affidavit of claim is heresay. That the Bill of Sale and Assignment of Loans from Bank of America does not expressly identify me by name or account information and/or information relating to MBNA and is overly broad in nature. That the Assignment presented by Cavalry Portfolio also lacks information to properly identify me and the excel spreedsheet is nothing more than an unidentified computer generated document listing multiple account numbers, balances, names and social security numbers that have been blackened out except mine, does not identify where it came from and still does not provided proof that I signed a contract or agreement with plaintiff. I asked the court to strike all this as evidence. Cavalry Portfolio then sends a response to my motion to strike stating that it is untimely and irrelevant. That no evidence has been offered. That I am filing a Motion to Strike based on the exhibits they provided to me but did not provide to the court when they sent a disclosure statement to the court saying they provided that information to me.

It seems to me if you are providing exhibits to someone you are intending to use them at some point and would file with the court or is that just a scare tactic. I am inclined to respond with that very thing. I requested production of an original contract with my signature and have yet to get it but have gotten all kinds of crap instead. I requested information and documentation on how much they actually paid for this account and have not gotten either. Why send me exhibits of things and not file them with the court if you were sure they would help your case. Yes, we are only in the pre-trial conference mode but I am not going to let them run the show, I am staying one step ahead of them and if they sent that stuff and thought I would back down and say oh, okay you provided proof, and hand over my hard earned money to them forget it, it is not proof that I signed a contract with them or MBNA. Any suggestions.

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Request a hearing on your motion NOW/or, since you asked for documents through discovery and this is what they sent you, send another narrowly worded request asking for the documents they intend to use to prove their case. If they claim you already got them or send the same stuff, then request the hearing cause they are probably trying to buffalo you.

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Ah, my old buddy Todd Freeman.

FYI, I (my wife, actually) was engaged in a lawsuit by Cavalry Portfolio Services, although probably with a different lawyer representing them. They produced similar crappy documentation during Discovery. We didn't challenge, oppose, or anything else. We were waiting to go to trial, at which time we were going to attack their "documentation" in front of the judge. They dismissed the case the day before trial.

Good luck.

DH

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It seems to me if you are providing exhibits to someone you are intending to use them at some point and would file with the court or is that just a scare tactic. I am inclined to respond with that very thing. I requested production of an original contract with my signature and have yet to get it but have gotten all kinds of crap instead. I requested information and documentation on how much they actually paid for this account and have not gotten either. Why send me exhibits of things and not file them with the court if you were sure they would help your case. Yes, we are only in the pre-trial conference mode but I am not going to let them run the show, I am staying one step ahead of them and if they sent that stuff and thought I would back down and say oh, okay you provided proof, and hand over my hard earned money to them forget it, it is not proof that I signed a contract with them or MBNA. Any suggestions.

This brings up a very valid question...Is the CA required to send the evidence to the court file if they actually intend to use it at trial? Or can they send it to the accused and then at trial, just tell the judge that the documents were supplied to the accused at an earlier time??

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Good question. I would assume if they didn't include it in the original complaint and it wasn't sent in discovery of some kind, that they couldn't just whip it out last minute.

Opinions?

if you asked and it wasnt provided, you would have to either Object right then, Or

Better yet file a motion to dismiss and

add" defendant also objects to any and all documents not provided to Defendants during/ at discovery,Defendant Also objects to all unauthenticated documents submitted by the plaintiff .

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