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Court Date 5/20, CA sent wrong proof


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Brief summary. Last summer was sent citation, sent response and asked for proof twice. No response. Couple of months ago sent summons with court date. Answered summons and file discovery thru court. Just recieved a document that shows my signature, but is for a different loan number and has nothing to do with the cc account. (Don't know where loan came for either)). What I need to know is if I should call the debt collector and let them know that the document doesn't match the cc account or wait and bring it up when I go to court. This has been going on for a year and I want it to end. I did research the original OC and alot of their offices are closing and consolidating and am wondering if they got me confused with some else. Just want this to end

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This is a JB. It is a lawyer that is a collection service. There is nothing the same on the account they sent, acct.#, amount, or even the name of the company, one says mickey mouse bank and the other mickey mouse finance. It is definitely two different accounts.

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You bring up good points because I am going through something similar. We requested a bill of particulars from the company and they sent us copies of two contracts, and both have been paid.BUT they sent us an itemization of account with a completely different account number. As I perused it, it looked like they conflated the legitimate account activity with this new unknown acct number.

The company is known for mixing up and changing over acct numbers and I have been told to keep my mouth shut. But if I stay silent on the matter, and not bring it up until court date, can't they say it was due to excusable negligence or changed account numbers?

If they make the claim that the acct number was changed, what proof need they submit?

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best wishes on your case tomorrow. don't get nervous because it will cloud your mind. relax and think pro actively.

i still haven't found an answr to the questions you and i were looking for; which is whether or not you alert them to mistake in discovery OR wait to slam them at trial...

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Well court date is tomorrow. Am very nervous, any words of wisdom. Thanks

you can try to point out to the judge you have not been given any information on this "alleged" account, there is no affidavit attached, assign ect and the Plaintiffs failed to produce discovery on this when you asked on ( date), that the plainitffs actions have failed to provide that you owe this debt. and then you ask for your motion to dismiss w prejudice.

if that wont work

then hit them with Objections:

did the 'contract" they provide come with a affidated? authenticated? noterized? who's the "original creditor" for this alleged account number? ect..

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I appreciate the input. The OC was one company but they are representing a collection agency and all they have is a document for the CA with my name, amount and date of last payment, nothing from the OC just who they were

i will assume, your summons said something like this.

we cheatem atty/ ca for ( OC) been assigned $ for account ,due date X. name on account, therefore ,yada yada, want X to pay we cheatem this debt ,( SHOULD have had assign attached to summons)

,assumed,: you answerd, we cheatem < I dont owe, &. prove, I owe,ect

we cheatem sends " account information ",

does the account they sent "add up" to what they are asking?,

* if they didnt send a detailed account, defedant would have to "assume" amounts, defendant has know way of knowing if the amount is correct . plaintiffs did not provided detailed billing statements to show alleged amount.

therefore Objects

does the "contract" have the( correct) OC's name Anywhere on it?, Is there a " certified, or noterized, , Statement from who ever made the copy? by custodian of records that its a true copy of the original,

* Defendant does not recall ever doing business with mickey mouse "finace"

* defendant has no idea who Minne mouse is, or if Minnie mouse even works for X,( calls for assumption, strike. object)

will look Sort like, I minnie mouse , custodian of said records for OC, located at X provided a true copy of account number/ name to CA, on X day Original records are kept at ( address)

* defendant has no proof again of who said Minnie mouse is and if MM even works for X . No authentication exisit, calls for assumption on defendants part .( strike, object)

should have copy of assign.( Oc hires we cheatem to collect from X, , on account X , this amount $ from X, On this Date, we Cheatem can litigate, settle ect, on behalf of OC..) Dated, Signed by ( person authorized by oc) . with OC address on assign, and who is signing. Minnie mouse, accounts manager for OC

* object if without authentication, assumption MM even works for OC

( hey MM may work for the CA, or mickey Ds right, is this person really who they say they are?")

as far as "mikey mouse bank,or finace" many banks have differnet depts,

you may have loan. investments, collections, corporation accounts ect..

may depend on if this is a "loan" account, CC acount ect.. what you need to attack is the "account number" , did they provide you with a contract with THAT number and your signature?, does the assign have the same account number? 99.99% of banks also have your SSN, on contracts, does it match yours?

Objection, account does Not match account number this suit is based upon.

plaintiff state account( assigned 123) suit, account number is 456, SSN for acount 456 does not match defendants SSN ect..

if your close enough, go to the bank with that account number and ask for them to look it up, say, oh can i have a statement/ balance for this account number, or you can try online/ phone, sometimes you get the automated information dont say anything other than you want balance information ,if in person/phone. get a copy.. Nothing makes a CA eat Crow as a statement from the OC saying, no account information or .unknown account number ect..if they say it went to "collections" ask for , what balance went to

collections and what CA. what date, and WHO has the power to assign.

( may not be Minnie afterall)

another adavatage if you owe, X and CA says X you have proof in hand of correct amount IF it turns out to be yours)

how can they prove you owe OC, if they have nothing from the Oc.. you need to "counter with they lack standing to bring suit,as they provided no proof that you owe the allged debt" CA did not provide proof during discovery

Object, plaintiffs did not provide documents to defendant per discovery request on ( date) would call for "assumption of defendants part" defendant therefore Objects to anything not provided to defendants .

( a judge will not Be to happy that they didnt at least provide something with your signature)

it will make the CA look rather foolish, to hear a judge say, X asked for proof he owes , but ya sent Nothing, X denies and I dont see anything that shows you provided defendant any proof..( aka, you wasted my time for this, you should know better)

** you should have filed a motion to compel discovery . ( hey judge I ASKED for proof, now will you Make them send proof) , then if they didnt reply , then Sanctions ( they are wasting all of our time, they "ignored" a court order to comply), then dismissal..

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I did some research and found that the finance company that they sent the contract with my signature is a different account than the cc account they are suing me for They are two different accounts, but it does have my signature on the wrong account when I signed for a loan that was paid off several years ago and has nothing to do the cc account, except that the two companies may be subsideraries of each other.

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I did some research and found that the finance company that they sent the contract with my signature is a different account than the cc account they are suing me for They are two different accounts, but it does have my signature on the wrong account when I signed for a loan that was paid off several years ago and has nothing to do the cc account, except that the two companies may be subsideraries of each other.

easy enough. you honor, account 123 in question is paid. heres proof

account 456 is NOT the account in question in this suit..

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Motion for Summary Judgement denied. The judge denied, but said he agreed 90% with the JDB, but since I was defending myself he had to bend over backwards for me so denied judgement, but if plaintiff wanted to take to court would review documents. I may have screwed up (was nervous) at beginning I ask to be denied with prejudice due to wrong account number and etc. When he denied summary he didn't say with or without prejudice. The JDB lawyer tried to say that the account number on the paper with my signature was their account number because the account had been bought so many times, which is false. So if they do decide to go even further how do I prepare. Not sure if it is over, lawyer was pretty mad with me

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