Need info about up coming Trial

[figures2000]

my credit card Lawsuit is now moving to Trial in a few Months, I need some help in what to expect from now till my court date, Will the JDB more then likely dismiss the case before the Trial Date?????, My defense is they don't legally own the debt and have the legal right to collect on it

[LUEser]

I don't think any of us can predict what exactly will happen.

How big the debt is may be a good predictor.

And were you required to file a written answer, or is this small claims where a written answer isn't required.

In your defenses, did you raise these defenses in your answer?

Have you (if allowable in the court you're in) sent them discovery requests?

Have they sent you any?

And do you or them have any motions yet to be heard prior to trial?

[figures2000]

there saying I owe 10K, Yes I answered summons with can not confirm or deny, I had 30 days to answer Summons, yes I did request in discovery for legal proof they own the debt, they gave me a Affidavit of debt from the OC some photo copies of old Statements from the OC and a blank bill of sale with no info of me or the account on it, I have talked with a few lawyers and they told me that is not legal proof they own it and can collect it, I have been to court 4 times, 1 case Management, 2 Pre-trials and a Sol Motion to dismiss based on theRE Supplied Credit card agreement, at the 2nd Pre-trial I disputed to the judge they have not given me legal proof they own the debt and have the legal right to collect on it, The judge said Noted and he moved to Trial

Edited August 3, 2010 by figures2000

[LUEser]

I think some motion practice is in order. Move to strike their affidavit and support it with your State's Rules of Evidence. They'll probably claim business records exemption, so address that preemptively and show how they don't meet the requirements for the exception.

If SOL is up for sure, motion to dismiss for the reason that: "Plaintiff's claim for relief is barred by a statute of limitations. Plaintiff is suing on open account (or whatever it is they're suing on) and pursuant to [your state's statute] the statute of limitations for recovery has passed."

Then you give the date of the last alleged payment (i.e. Plaintiff claims the a payment was made on this account in Jan of 04, and failed to file suit prior to Jan 2010).

On your SOL motion, did they actually hear the motion and just "note" it, or was it actually scheduled to be heard at a motion hearing on the court's website. It's these small procedural matters that trip up most of us Pro Se litigants.

[figures2000]

My Motion to dismiss was heard by the Judge I went to court and explained my reasons and she told me by Mail it was denied, in there Complaint there claiming last payment was back it 05, here in Ma Sol is 6 years, I tried getting the case dismissed on the Sol, Based on the credit card agreement, stateing laws are governed by the state of AZ and in AZ the Sol is 3 years, I have read of cases were this worked, it did not for me

[figures2000]

at what point does the JDB Lawyer try to enter there Evidence with the court for Trial????

[LUEser]

My Motion to dismiss was heard by the Judge I went to court and explained my reasons and she told me by Mail it was denied, in there Complaint there claiming last payment was back it 05, here in Ma Sol is 6 years, I tried getting the case dismissed on the Sol, Based on the credit card agreement, stateing laws are governed by the state of AZ and in AZ the Sol is 3 years, I have read of cases were this worked, it did not for me

Ah, you ran into the procedural vs. substantive provisions. The choice of law provision in the contract covers substantive protection. I'm guessing your state treats statute of limitations as a procedural issue and therefore applied the forum state ( your state's SOL) provisions instead of the choice of law SOL.

Substantive and Procedural issues are fuzzy even for lawyers, and even fuzzier for non-lawyers.

If you were going to fight this, you'd have to show that AZ treats SOL as substantive protection, and therefore should be treated as substantive in your state. This is no easy task. In fact, it's probably damn near impossible. And if you find out AZ treats SOL as procedural in nature, then under the letter of the law, there really isn't a valid argument against the ruling

[figures2000]

I did the best job I could and gave it a try, I am not a lawyer and had no clue, at what point does the JDB enter evidence with the court for trial????, I am wonder at what point if any they might back out and dismiss the case before trial, I have been told by a few lawyers the info they have will not win at trial and they thought it would be dropped right before trial

[anamary]

I just waiting the court date too , They haven't provide me any proof of the debt , no statements , no bill of sale . I don't like the idea to go to court , I have never been there , Good luck

[BV80]

JDBs are known for dropping cases right before the court date if they can't prove their case, and they know you're going to show up. They may even wait and drop it on the court date if they see that you're there. They really don't want to have to appear before the judge unless it's for a default or summary judgment and no defendant is present.

[admin]

Answering with "can neither confirm or deny" can lose you the case. You need to either "admit" or "deny" each allegation. I might consider amending your answer.

[figures2000]

I requested there proof in Discovery and they have given me the Affidavit of debt from the OC, some old copies of credit card statements from the OC and a blank bill of sale, with no info of me or the account in Question on it, I have been told from Lawyers that this is Standard paperwork with these JDB, it is not proof they Legally own this debt and have the right to collect on it and before trial they will dismiss or go to trial and they will not win

If they really had proof, why would they let it go to Trial and not just file a Motion for a summary Judgement

Edited August 3, 2010 by figures2000

[figures2000]

Answering with "can neither confirm or deny" can lose you the case. You need to either "admit" or "deny" each allegation. I might consider amending your answer.

I Paid a Lawyer to do my Summons Answer

[celodea]

Just finishing up the responses to Interrogatories, which have to be in the mail today. I received a response to send the Plaintiff/Attorney Requests for Admissions, but at what point do I send these to them?

[nobk4me]

My Motion to dismiss was heard by the Judge I went to court and explained my reasons and she told me by Mail it was denied, in there Complaint there claiming last payment was back it 05, here in Ma Sol is 6 years, I tried getting the case dismissed on the Sol, Based on the credit card agreement, stateing laws are governed by the state of AZ and in AZ the Sol is 3 years, I have read of cases were this worked, it did not for me

Was the last payment really in 05, or did the JDB re-age and falsely claim a payment then? They are known to do that.

[figures2000]

Was the last payment really in 05, or did the JDB re-age and falsely claim a payment then? They are known to do that.

I dont really know when the last payment was, there saying 05 and its 2010 and in MA sol is 6 years