Tex-123 Posted December 28, 2009 Report Share Posted December 28, 2009 I am being suits by Bluebonnet Financial Assetscan anybody give me any advice about them?I had to go before the courts because I receive a motion for summary judgment. (Texas)Woud I had the opportunity to ask questions or the judge's just make a decision based on the information he has.Any advice or help is very helpful.Thank you Link to comment Share on other sites More sharing options...
nascar Posted December 28, 2009 Report Share Posted December 28, 2009 can anybody give me any advice about them?everything's better ... with bluebonnet on it ...junk debt buyer ... sues in Texas ... Link to comment Share on other sites More sharing options...
Tex_Tea Posted December 28, 2009 Report Share Posted December 28, 2009 (edited) How dare a JDB sully the Bluebonnet by using it for its name. Bluebonnets are a flower that grows in the wild along many Texas roads.To the serious nature of your situation, I would say you will get a better response by answering the questions in the sticky in the top titled: Q's to answer when posting in this forum - please read!If this has gone to summary judgement as you seem to indicate and you did not oppose it, you may have a judgement against you. To find out if you have a judgement, inquire at the court where summary judgement preceedings had started.Your first post indicates you "had to go before the courts" for summary judgement, so its not clear where you are in the process.If they have a judgement, they can garnish your bank account. That is usually the first thing they go for, so get your money out while you can! Edited December 28, 2009 by Tex_Tea Link to comment Share on other sites More sharing options...
Tex-123 Posted January 1, 2010 Author Report Share Posted January 1, 2010 HI and Thank for your responseHappy New Year'sI have a question how do motion to strike affidavit because of incorrect information in the state of Texas.The name of the person that is being sued name is Mary Garza RodriguezThe Affidavit said thisMatter of: Mary Rodriguezcan I get this dismiss from the court evidence? If yes how? I've been looking through rules and procedures but not seem to be able to find it.I have only been to court one time and that was back in August. The judge told us to make sure that this is your account and wait for letter in the mail.In December 15, 2009 I receive the package from the attorney that is suing us and that we have to go to court on January 21 2010 for motion for summary judgment. We are being suit for $10,000. Link to comment Share on other sites More sharing options...
Tex_Tea Posted January 1, 2010 Report Share Posted January 1, 2010 (edited) Happy New Year to everyone on the forum. 2009 saw some things grow dimmer for the collection industry, like the implosion of arbitration. Lets hope for some more in 2010.Texas allows for Business Records to be authenticated via the "Business Exception" rule. In general, it indicates business records can be submitted into evidence via an affidavit as long as the person swearing out the affidavit has personal knowledge of the underlying business records. This is dealt with in the Texas Rules of Civil Procedure and the Texas Rules of Evidence.If you have the classic JDB lawsuit, it probably has a screen print out with some very basic info and an affidavit. The person making the affidavit is probably an employee of the JDB. As such, she / he has no direct personal knowledge of the creation of the debt. Therefore, that person's affidavit is conclusory, consisting of or relating to a conclusion or assertion for which no supporting evidence is offered. Therefore, it is hearsay and should not be allowed into evidence.However, a defendant must object to the affidavit. So, you are on the right track. Most courts will not grant summary judgement if the plaintiffs evidence is authenticated with a conclusory or hearsay affidavit, provided that the defendant objects to the affidavit.Texas court of appeals decisions are online. You should be able to find material by searching with Google using terms like: credit card debt hearsay conclusory affidavit Texas court lawsuit ... etc. You could also search this forum. Also, research Texas Rule of Evidence 803(6). It defines the requirements for a proper affidavit. You could probably find some cc debt cases dealing with this via Google.A user on this forum Redlinehome has some incredible posts on situations dealing with affidavits in Texas. Here is one of his - 5th entry toward the bottom of the page:http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?p=1011356That post is one of the best you will find on affidavit's in Texas. He / she has some other good ones, so I would click on the user name Redlinehome to see all of their posts and go through them to see if there is anything else. Edited January 1, 2010 by Tex_Tea Link to comment Share on other sites More sharing options...
Tex_Tea Posted January 1, 2010 Report Share Posted January 1, 2010 (edited) can I get this dismiss from the court evidence? If yes how?The following document "HOW TO DEFEND A CREDIT CARD CASE by CRAIG JORDAN" may help you. It is one of the best guides to Texas CC defenses I have come across. You will need Adobe Acrobat reader for the link below:http://www.txconsumerlawyers.org/papers/defending_credit_card_cases_2009_04.pdfIf you do not have acrobat, you should install it as a lot of legal material is on it. You can access the above document without Adobe Acrobat by searching in Google: HOW TO DEFEND A CREDIT CARD CASE CRAIG JORDAN.The first item in your search should be:How to Defend a Credit Card Case-20090415File Format: PDF/Adobe Acrobat - View as HTMLClick on View as HTML , and the document should come up in your browser without Acrobat.Go to page 9 of the document (it is shown as 12 in Adobe Acrobat). In any case, find the heading Summary Judgement Proof Issues. From there, I got the following:"The Fort Worth Court of Appeals in Luke v. Unifund CCR Partners, 2007 WL 2460327 (Tex.App—Fort Worth 2007) (not designated for publication) provided a laundry list of defects in summary judgment affidavits that can preclude summary judgment. A summary judgment affidavit must:Be made from personal knowledge.Show affirmatively that the affiant is competent to give the testimony contained in the affidavit.Provide the underlying facts to support its conclusions.Attach sworn or certified copies of any papers referred to in the affidavit.In the case of a business records affidavit, accurately use the predicate language in Texas Rules of Evidence 803(6) and 902(10).Show that the affiant had a proper basis for asserting the accuracy of records obtained from a predecessor in interest, andNot contain inconsistencies such as attached contracts dated at least 3 years prior to the date the credit card account that is the subject of the affidavit was opened.Id., 2007 WL 2460327 at 5-7.When a summary judgment affiant seeks to lay a predicate for the admission of the business records of a third party, the affiant must have personal knowledge of the manner in which the records were prepared and be able to testify about the third party’s record keeping. Martinez v. Midland Credit Management, 250 S.W.3d 481, 485 (Tex. App.—El Paso 2008, no pet.). The affiant must include in the affidavit information that would indicate that he or she is qualified to testify as to the record-keeping practices of the predecessor and that the records are trustworthy. Id"That should help you some with the affidavit. You may want to read the whole document.In any case, good luck! Edited January 1, 2010 by Tex_Tea 1 Link to comment Share on other sites More sharing options...
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