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CapOne Update... The Saga Continues


CLJR
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First I want to thank the community for being patient with me and continuing to respond to my questions :). A quick summary - received a summons from an Attorney representing CapOne a few months ago. The original court date was changed once I informed the Court I intended to appear. Shortly after that I sent a DV Ltr to the Attorney asking for signed contracts, how the total amount owed was calculated, etc.

What I received in return was about 1yrs worth of cc statements containing my name with Sr. added, however I am a Jr. Additionally the statements did not reflect the amount they are claiming I owe.

I recently received a letter from the courting indicating the Attorney has submitted a Notice of Intention to Offer Certified Records. The letter states "Pursuant to Rule 5-902(B), the Plaintiff gives notice of their intention to offer the contract or agreement, account assignments, monthly statements, or dishonored checks as a certified records of regularly conducted business, which are self-authenticating documents". My question is, should I sit back and wait for the court date and assume the CC statements are the only documents they possess? And would this be enough to win their case even if the statements reflect my name with Sr. and not Jr.? Or, should I write another ltr to the Attorney asking for copies of any additional documentation they may have, based on the recent notice? Although this seems like the obvious action to take I just want to be sure. As always thanks in advance for the advice.

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but generally, this kind of notice is offered to start the clock ticking on your time to obeject to business records being admitted as evidence.

(A notice requirment almost always stars the clock ticking for you to do or do not do something!)

I'd always object.

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but start with the standard "hersay" objection----that it doesn't meet the business record exception.

If that does not work.

Look at documents. Check for inconsistencies, missing documents, ERRONEOUS DOCUMENTS!

I've seen all of the following:

1.) wrong statements attached

2.) admission of arbitration clause, but attaching "agreement" without one.

3.) inconsistencies in affiadvit vs. paperwork attached

4.) somebody else's affidavit for another case!

This crap happens all the time.

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trueq this is helpful... thanks! Based on what you've said I can object because the CC statements shows my name as a Sr. and not Jr., also because the statements do not reflect the total amount the Attorney claims I owe. Would you be able to point me in the direction of where I might find a sample document that will show me the format of an objection response?

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Search local court case index. Find civil cases like yours with this objection filed.

Write down case #.

Go to courthouse and pull that file. Copy the documents you need.

You could just take your laptop and transcribe or pay the extortionist $1per copy most courthouses charge.

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Ok, as a newbie you have to understand this is confusing to me. As trueq suggested

but start with the standard "hersay" objection----that it doesn't meet the business record exception.

I spent the last week researching public records to identify similar civil cases that would help me understand how to file an "hersay" objection. I found a few cases that may be helpful but haven't had a chance to go to the courthouse to review the actual documents. Still not sure what I'm looking for. I feel so lost at this point.

Now, Mycorrado, you are suggesting that I fight the documents being admitted in the first place. Is this the same as an "hersay" objection? If not what type of written response could I submit that would support an argument against the documents being submitted in the first place. At what point do I dispute the CC statements being addressed to Sr. and not Jr.? Or is that a pointless argument? Please understand my frustrations are not directed at anybody in this forum. I honesty appreciate all of the help thus far. It's just there is so much to learn and so little time.

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Square one: you need to be familiar with Maryland Civil Procedure -- at least to the point of properly filing papers and an awareness of the time frames permitted.

This is a good site because they have all the pertinent stuff isolated plus the overall civil procedure:

http://www.smartrules.com/states/Maryland/#

Next square: Marilyn code(COMAR)/statutes -- .. http://www.dsd.state.md.us/comar/comar.aspx

Hearsay rule: Hearsay rule

Definition - Noun

: a rule barring the admission of hearsay as evidence

The hearsay rule is stated in Rule 802 of the Federal Rules of Evidence. Hearsay is inadmissible as evidence because of the unavailability of cross-examination to test the accuracy of the statement. There are numerous exceptions to the rule, however, mainly for statements made under circumstances that assure reliability. Statements made spontaneously, for example, or as part of a business or medical record are inherently trustworthy and thus excepted from the rule. A statement need not be made orally for purposes of the hearsay rule. Written statements, gestures, and even motion pictures are included.

I know this might seem overwhelming, but you have a lot of good resources in Maryland, and this overview is one of them for new people: http://www.courts.state.md.us/lawlib/researchtools/guides/courtinmaryland.html

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I think you need to be careful in that you first want to fight the documents being admitted in the first place. You can't argue against them being admitted and at the same time argue about the contents not being accurate.

This is why we have alternative pleadings.

The defendant pleads ABC

In the alternative the defendant pleads XYZ

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