hbomber20

update, my case vs javitch block

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Well if some have been following maybe, maybe not.

Here is quick run down and update.

JBR, took forever, about 3 months to respond to my request for discovery, production of docs. I also filed an admission if they had the docs or not. Low and behold they answer them both, come back with a bunch of copies or computer generated statements with my name on it, that's it, a beginning balance in between and ending balance. No affidavit, no authentication. The "rep" who helped in assisting finding these statements is lets say Jane Doe.

Meanwhile through all of that, the court set a pre-trail date for 9/15.

One week after responding to my discovery, they file a motion for summmary judgment. On a friday. figured that was coming. In a nutshell, they say there's no material facts left, it's me, send the copies of said statements. Copy of generic card agreement. No signature, no identifying facts relating to me but my nam.

There is now an affidavit, from lets call her Mary Smith. A completely different person from discovery, with an affidavit dated February 2009. Judge grants a leave to file the summary that Monday. Meanwhile I just sent out my response Monday.

Look today on the court website, JBR filed motion for summary judgment 9/9 and judge denied the summary judgment.

So far so good, got a little nervous there for a bit.

In my response I sent the discovery papers I was given, with no affidavit, attacked the one provided in the motion for summary judgment, being dated from Feb 09, attacked JBR for their bad faith, raised material facts, attacked the lack of authenticity on the statements and card agreements terms, because like the affidavit it was generic, a template and had no signature. Just a basic overview or run down.

Tell me what you think. Have a pre-trial set for Tues 9/15. I'm happy today, a mini victory seeing their motion for summary judgment was denied.

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Thanks.

When I get some time, I thought about scanning in and putting up some of their responses for some educational use. :) and some chuckles. In most if not all of their responses to each discovery question/request they called my requests some sort of ambiguous, threatening or harassing.

Thought it was classic of them, to throw in an affidavit from Feb 2009. When the records they said that were generated or "provided" to them by Citi in my discovery was in August 09.

A complete fabrication on their part with that affidavit.

Another fabrication is in discovery they said I obtained the credit card over the phone, that is 100% completely false. I was thinking should I do some discovery for them to try and back up this false claim of me obtaining a credit card over the phone, maybe some admissions or record of this false phone call.

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Check into the federal and your state laws regaurding electronic signatures, which would be required for a over the phone "signature"

I don't know paticulars of your case but some credit card contracts state that use of credit card results in a automatic electronic signature.

So I would research it before doing their job for them.

They have to prove you did have a over the phone contract, as opposed to you having to prove you didn't. They need proof of elec. Signature so find out what they are claiming as proof of that and then make sure its legal proof.

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Another fabrication is in discovery they said I obtained the credit card over the phone, that is 100% completely false. I was thinking should I do some discovery for them to try and back up this false claim of me obtaining a credit card over the phone, maybe some admissions or record of this false phone call.

Nope- if any of their 'evidence' shows 'partial performance' on your part, the point is mute. Stick to the important stuff. Inadmissable evidence, the lack of evidence proving it's your account, and the lack of proof that the provided terms fail to prove that those were the terms you agreed to. Also, does their 'evidence' show a starting balance of zero?

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Do not fall over in shock if they move to dismiss before trial.

Exactly. I dealt with the same law firm earlier this year, and they dismissed after I contacted them via email to ask for the discovery request to be transmitted electronically. Of course, they had already seen my response to their lawsuit, and were probably just waiting to see how far I would follow through with it. As soon as they knew I was for real, they dropped it.

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Well at pre-trial not much was said, I kept everything I said to as little as possible.

set a court date for 12/1. He asked if i was working, money, etc.. Said nothing.

They gave me their "lowest" figures for settlement, just said okay and left.

Mediator asked why and what I was disputing, let her now, then we set dates for discovery, etc.. and parted ways.

Haven't spoke to them since. They haven't dropped the case.

I made the mistake of calling JBR today thinking they could be reasonable to talk to and obviously they were not. Cannot talk to the lawyer who I've been going back and forth with. Their words. Informed them we'll gladly continue to trial.

This should be interesting and fun, thanks for the help and info. I'll stick to my guns.

@henry1018. Their evidence is completely lacking and inadmissible imo. They prove zero in scans of statements, which I beg to differ with this. Things don't add up with affidavits, names and dates. Nothing is authenticated.

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Well, we reached a settlement last week(thursday) at the number I wanted.

I sent my funds certified and attached a settlement, agreement and release. They received them friday. come today, still no dismissal. I call up the lawyer, leave a vm. One of her cronies calls me back and they say they can't get their client (citi) to sign my release in time for the trial 12/1 and send a dismissal, so they want me to send something in to negate my settlement letter. So I ask, even if I do that when would you send in a dismissal, well I don't know.

I definitely don't want to send in something negating my settlement letter and release because I definitely don't trust them. Well I guess I just have to show up on 12/1 and hammer it out in person.

Any advice or suggestions?

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They need a witness to introduce the "evidence".

Attorney cannot do this...must have firsthand knowledge.

If they show up with witness, exercise arbitration clause immediately. Bring a motion to compel right away.

If they have no witness, move to dismiss.

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Did you get something in writing before you sent them money????

Verbal agreements are hard to enforce.

No but I did wrote them a settlement agreement and release regarding a settlement and release and the amount and cashing it would be agreeable to the settlement, etc..

I'm trying to get in contact with the lawyer to no avail

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Call them back and record the conversation ... Get them to admit to the settlement!

Ohio Law: Ohio's wiretapping law is a "one-party consent" law. Ohio law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Ohio Rev. Code § 2933.52. Thus, if you operate in Ohio, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

This is the play … Your answering machine had an anomaly and recorded the call without your knowledge. When you played it back you realized what happened and called the attorney right away to let them know what happened. Tell the attorney, sorry that this happened, did not have the intent to record your call. By the way can I get that settlement in writing or should I just let the judge listen to the tape.

Screw them ... :twisted:

Edited by MG05
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Call them back and record the conversation ... Get them to admit to the settlement!

Ohio Law: Ohio's wiretapping law is a "one-party consent" law. Ohio law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Ohio Rev. Code § 2933.52. Thus, if you operate in Ohio, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

This is the play … Your answering machine had an anomaly and recorded the call without your knowledge. When you played it back you realized what happened and called the attorney right away to let them know what happened. Tell the attorney, sorry that this happened, did not have the intent to record your call. By the way can I get that settlement in writing or should I just let the judge listen to the tape.

Screw them ... :twisted:

haha...i don't trust them either. but I've had no issues with this lawyer I'm dealing with, plus I've put it in writing sent it to them and the courts and now they're faxing it back to me. Ive done the due diligence myself. With the courts involved, I wish they would.

but yes, I've already done this in a way. I've made all these calls and conversations on my work phone and my work records all calls.

Edited by hbomber20
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Thanks.

Settlement papers signed by both parties. done and done.

Language includes, dismissing case w/ prejudice, the amount, account, case number, agreement, date, etc.. all with the clearing of funds.

my little trick I think worked to get them to settle at my number was.

Number and names have been changed to protect identities! lol

In September the lawyer they assigned to appear, showed up, call him John Doe, gave me their number for settlement. 2,000. Rock bottom! I was told. I Said nothing, spoke nothing until last week..

I call into their regular phone line, spoke with the first line of defense scumbag reps. They tell me they will only settle for the full amount, yeah okay I know your line. which they bump up to $3300 for lawyer fees, interest. Whatever I know the game. They give me their whole boiler room scumbag collecting speak. I inform the customer rep lawyer john doe offered me a settlment of 1100.

Which was a fib on my part, I lowered the number to where I wanted within a range, give or take they will add some money on thinking they want to win the settlement and get one by me.

well I call up lawyer Jane Doe, different lawyer. She reads the notes, gets up to date on the "file" . I give her my spiel. I tell her my offer, 1100. She says, well that is close to our number, $1300. I say okay, deal, I'll get papers drawn up and we'll get moving on this asap.

My thing is one hand doesn't know what the other is doing with these companies. I got it to where I wanted to and I was happy.

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Thanks.

Settlement papers signed by both parties. done and done.

Language includes, dismissing case w/ prejudice, the amount, account, case number, agreement, date, etc.. all with the clearing of funds.

my little trick I think worked to get them to settle at my number was.

Number and names have been changed to protect identities! lol

In September the lawyer they assigned to appear, showed up, call him John Doe, gave me their number for settlement. 2,000. Rock bottom! I was told. I Said nothing, spoke nothing until last week..

I call into their regular phone line, spoke with the first line of defense scumbag reps. They tell me they will only settle for the full amount, yeah okay I know your line. which they bump up to $3300 for lawyer fees, interest. Whatever I know the game. They give me their whole boiler room scumbag collecting speak. I inform the customer rep lawyer john doe offered me a settlment of 1100.

Which was a fib on my part, I lowered the number to where I wanted within a range, give or take they will add some money on thinking they want to win the settlement and get one by me.

well I call up lawyer Jane Doe, different lawyer. She reads the notes, gets up to date on the "file" . I give her my spiel. I tell her my offer, 1100. She says, well that is close to our number, $1300. I say okay, deal, I'll get papers drawn up and we'll get moving on this asap.

My thing is one hand doesn't know what the other is doing with these companies. I got it to where I wanted to and I was happy.

I'd never pay a collection agency one penny!!

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