roardebt

Settling Before Trial Please Read ASAP

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The JDB is Jormandy LLC. I have pretrial with them Monday for virtually the same case...original account with Chase, Comm. of VA, etc. I'm watching intently because I plan on fighting. Any info sent in PM to roar, please also forward to me as my circumstances are almost identical.

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For the record, I have for a while assumed that this Anti Jormandy is actually with Jormandy LLC so please exercise caution. Certainly may not be, but seems very suspicious even more so now that they want all stuff that is being sent to me forwarded to them and posting which JDB my case is with.

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I never once asked you for advice and as you stated I did not respond to your PM. As I previously stated, I have no clue if you are with Jormandy or not and really don't care if you are. However, if you are I'm not exactly eager to have anything that may or not maybe used in a case straight to you. I mean no disrespect to you. If you are being 100% truthful and do have a trial coming up Monday with Jormandy best of luck and message me after next Fridays case of mine and I'll give you any advice you want.

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and FYI, just looking at your previous posts will tell what JDB it's with because you posted it in your original thread titled pre-trial advice, a little help please. it doesn't take a genius to use a search feature on a forum. sheesh. frustration I don't need 3 days before I go to court. anyone who is not paranoid and has advice to offer me in dealing with this JDB, all help is much appreciated. as I stated before, my case is virtually identical to whinedebt.

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Anti, I misunderstood you then, yes I did offer you advice and will continue to do so if you need it. However, surely you can see where somebody would be a bit suspicious if somebody named Anti Jormandy pops up right after I post about Jormandy and then later asks for whatever is being sent to me to be forwarded to you.

And if you just have a pretrail on Monday there is nothing to be frustrated about. Just go in say its not your debt and have a trial date set likely much later in the summer.

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This is why I am so frustrated. I never asked you to forward me anything. I only asked you to let me know how your case went and what you ran into in court. Chalk it up to miscommunication and let's move on. My apologies for getting snippy. These are touchy times for me as I have this Jormandy case next week and a 10k Discover one likely soon to follow.

KarenJ if you are reading this, apparantly I don't have enough posts to send PM's so I can't reply.

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Yeah it's just pretrial so I still have some time to get my ducks in a row. I was going to use your experience with them to help determine how I handled the situation. The only reason we both started posting at the same time is because I got the original summons, had never heard of Jormandy, Googled it and got led to your post. I'm sure we were both part of a bulk buy and our cases were processed simultaneously by the bums at Jormandy.

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The JDB is Jormandy LLC. I have pretrial with them Monday for virtually the same case...original account with Chase, Comm. of VA, etc. I'm watching intently because I plan on fighting. Any info sent in PM to roar, please also forward to me as my circumstances are almost identical.

Why don't you go to our off topic forum and post on some of the threads - game threads, etc. Not only are they there to help pass the time while you wait on answers to your posts, but they are good for a little stress relief and you can quickly get your post count to 15 where you can get pm's.

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Just FYI, the Global Debt Registry (http://www.globaldebtregistry.com/) is, IMO, another attempt by the JDBs to circumvent the legal requirement to show chain of custody and proof of ownership for "purchased" debts. I can't tell from their web site if that chain extends all the way back to the OC. There is no way to tell if the judge would accept their "proof", but if it were me, I would argue their evidence is still hearsay and proves nothing.

I wouldn't consider anything from them to be admissible in a court of competent jurisdiction.

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*First off, I am not an attorney and any information I give is not to be considered legal advice* Roardebt, have you filed any sort of motion with the court to dismiss? For example, Motion to Dismiss Lack of Subject Matter Jurisdiction? Is the JDB claiming they are collecting the alleged debt for the "original credit card company" according to the court documents? On their communications with you does it state; “This is communication from a debt collector” on it? If so, you can positively identify the law firm as the real Plaintiff, not the original credit card company. And if that is the case in your situation, that is "fraud" on the part of the JDB. 1. Call your state’s Legal Bar Association and turn in the law firm and the attorney handling the case – this is strictly against the rules (it is fraud.) Make sure you inform the lawyer on the case that this is what you are doing. It could get them to back down and dismiss the case.

2. Have you or your lawyer file a motion to dismiss or amend the original complaint to correctly reflect the right Plaintiff.

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Sorry guys was out and about tonight, I'm back let me answer the questions asked here. First off stark, yes it is in bold on their letter to Clerk of Court, and myself with the intergorties "THIS COMPANY IS A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE". They label themselves as an assignees of Chase Bank USA. Would that a violation as you are speaking of?

Also, whats up with on all their court documents them posting the wrong date of the upcoming trial?

There is also an affidavit signed by the manager of the JDB stating they bought the alleged account and are now owed the money. Can I strike that as hearsay if the actual person stating this isn't in the court room?

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The longer a consumer goes without paying a debt, the more unlikely it is that he will fulfill his financial obligations to his creditor.... If it appears that a debtor does not intend to repay a creditor, the creditor may assign the debt to another company in the hope of collecting all or a portion of the amount owed.

Facts

When a creditor assigns a debt, it still technically owns the debt but hires another company to collect. The debt assignment process is common with credit card companies and hospitals.

Benefits

By assigning a debt to an outside agency, the original creditor does not need to apply manpower to collect old debts. It can apply its resources more efficiently by focusing on recent debts that consumers are more likely to repay.

Significance

When a creditor assigns a debt, it must agree to pay the third party collector a portion of the amount it collects from the debtor.

Features

Once a creditor assigns a debt to a third-party company, that company is bound by the Fair Debt Collection Practices Act (FDCPA) when conducting collection activity. The restrictions outlined in the FDCPA do not apply to original creditors.

Based on very little information I'm betting that the OC did assign the debt early on in the delinquency process and when those attempts failed to produce any money or promises to pay, after 6 months to a year they charged the debt off and sold it to a "JDB". Therein lies the reason for my question as to whom/who it shows as the Plaintiff in your particular case. 1) has your alleged account has been charged off; 2) did the debt collector state they were a debt collector attempting to collect a debt (you stated yes they did); 3) you have no contract with the 3rd party collector that has taken you to court acting fraudulently as if they are representing the OC, when in fact they purchased the alleged debt for mere pennies on the dollar. What this all means is anything they state or say in court is "hearsay evidence" and hearsay evidence is not admissible in a court of law.

*Not to be taken as legal advice since I am not a lawyer

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In this particular Debt Jormandy LLC (An Assignees of Chase Bank USA) is how its listed.) In the actual claims JOrmandy claims to own the debt and provides a print out from the Global Debt Registry as their "proof".

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What type of proof is typically needed for a JDB to prove they own the account they say they do? In this case all that has been placed into evidence is the printout from the Global Debt Registry which I plan to challenge and an affidavit from an office manager from the JDB stating they bought the account which I also plan to challenge.

Are those documents enough to prove ownership? I realize its probably different with each judge in each jurisdiction but is there any rule of thumb of what a JDB needs to prove ownership?

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Someone correct me if I"m wrong, but it is my understanding that an assignee doesn't purchase the actual debt, instead merely attempts to collect said debt from said borrower on behalf of the OC in exchange for a percentage of amount collected "if any". When a 3rd party entity purchases the account from the OC, they do so by paying very little monetarily. Jormandy LLC definately cannot provide proof that you have a contract with them. I feel you need to do some research into filing a motion to dismiss, perhaps "that the plaintiff does not have legal capacity to sue" or "lack of subject matter jurisdiction". In my state there are 12 different motions to dismiss based upon different factors, and I'm reasonably sure you may be able to find the right one in your particular case and situation. The main thing to keep in mind, it would appear based on your information that the OC is out of the picture, having sold the contract/agreement/account to a 3rd party and I believe that puts you in the drivers seat to have this action dismissed.

*Notice I am not an attorney, the above information is not to be considered legal advice, just my opinion, and should be treated as such.

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Also something else to take into consideration, when a 3rd party debt collector is involved in a suit, everything they say in a court of law is "hearsay" and upon YOUR objection as such must be thrown out of court.

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Welcome to the board Starkaroke.

A JDB is a Junk Debt Buyer. They DO purchase the debt and collect on their own behalf. They "step in" in place of the original creditor in the contract. So while you may not have had contract with them, they assume the right to collect the full amount of the debt regardless of what they paid for it.

The Achilles heel for the JDB is a lot of times they do not have the documentation to support the original debt and that is where the hearsay enters the case. But it is not an automatic dismissal.

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Hi Roar,

I'm not knowledgeable like the people who have been on these boards a long time, but maybe I can offer some info.

A JDB's affidavit is usually worthless because the person who signed it has NO knowledge of how the OC kept records, nor has that person seen all the records the OC had on the account (unless the OC gave all the records to the JDB, which is highly unlikely). Therefore, the person who signed the affidavit only has knowledge of how the JDB keeps records.

I didn't understand exactly how you said they showed the chain of ownership. We've been sued twice. The 1st JDB in our case had individual "sales receipts" or assignments, whatever you call them. Assignment from OC to CA, another from OC to JDB, then from that JDB to the next JDB. There were 4 separate receipts. We actually found a discrepancy in one of the assignments. Once that was pointed out to them, along with the affidavit being worthless, they settled for less than 10%.

The second suit never made it that far. The JDB dismissed. We received the notice to appear in court to set the date for the hearing. My husband couldn't be there for that day. The clerk of court told us just to send an email to him explaining why, but to include that we would most definitely be there for the hearing. We forwarded the email to the JDB. Within 15 minutes of forwarding that email, the JDB sent us another email saying he was dismissing. In other words, he didn't want to see us in court.

Actually, I was disappointed about the 2nd case being dismissed, because I had found a discrepancy between their complaint and one of the assignments. I had read the complaint and assignments at least 4 times before I found it. I was going to point it out in court just to see how the JDB's lawyer reacted.

Look for discrepancies! Any statement that doesn't jive with another statement, dates that don't make sense, compare what they say in the complaint to see if every word matches up with the "evidence", etc. Good luck!

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Very new to this :

Starkaroake suggested going to your state and researching "filing a motion to dismiss" How do you do this? Look up the attorney general site?

Google "filing to dismiss in (my state).. If there's a thread for this let me know..TIA

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I would research the specific court in which your case is filed. Many have self-help resources for those who wish to represent themselves.

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Very new to this :

Starkaroake suggested going to your state and researching "filing a motion to dismiss" How do you do this? Look up the attorney general site?

Google "filing to dismiss in (my state).. If there's a thread for this let me know..TIA

Check PM

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