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ldk007

Ran Into A Problem

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Okay... Now I've run into a problem.

As I mentioned before on this board, I was sued LAST YEAR IN OCTOBER by a JDB through their scumbag attorney. Throughout the entire span of the lawsuit, I received NOT ONE shred of documentation. Until now...

Today, I received two affidavits from the JDB that were SIGNED AND NOTARIZED LAST YEAR. These affidavits talk about the "indebtedness and the ownership" of the account. Then to make matters worse, it's accompanied with a few card statements along with yet another affidavit signed and notarized by an alleged employee from the OC. This affidavit, however, puzzles me because it was also SIGNED AND NOTARIZED LAST YEAR—or so it states unless the date has been falsified.

My question is this. After over a year of almost no activity, WHY on earth would they attempt to submit this documentation when they had such a long time to do it? Right now, I'm a bit overwhelmed and I don't know exactly what to do. I did however, look through the statements and saw a web address for the OC and looked over the terms of the credit card and saw that this dispute can be taken to arbitration. But I don't have the terms of agreement that show the actual provision from the Agreement.

Should I subpoena the affidavit creator of the OC? Should I try to invoke arbitration?

I think I'm doomed. But maybe somebody can advise me on this one. Trueq, do you have a suggestion?

:confused:

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I can then tell you if there is an arbitration clause...

(Just don't tell me FNB Omaha and National City....those are the 2 I know DON'T have arbitration.)

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I can then tell you if there is an arbitration clause...

(Just don't tell me FNB Omaha and National City....those are the 2 I know DON'T have arbitration.)

LOL, no. It's none of those banks. It's a major OC. :D

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How come the case hasn't been dismissed due to lack of prosecution? When did the judge close dicovery? Do you owe the money or not? YES by all means subpoena the affiant(s) from the OC and the JDB. They might file a motion to show up via telephone but accept nothing other than seeing a real person at trial. In CA, they have a NOTICE TO APPEAR form. I don't know what the equivalent form is for Colorado. BUT if the scumbag debt attorney is well known, they likely have been sued before for falsifying affidavits etc. In your motion to DEMAND that someone show up for trial from the JDB and OC, bring this to the court's attention to justify your demand.

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