My trial date is now 3 Weeks away

[figures2000]

My Trial is now 3 weeks away... what should I expect at the trial????

[ADSOFT]

What have you done?

[figures2000]

o sorry.. it is for a old credit card debt and I am being sued by a JDB

[ADSOFT]

Did you file discovery?

Did they file discovery on you?

[figures2000]

yes discovery is over... I said to the judge at the Pre-trial... they did not give me..proper proof they owned the debt and had the legal right to collect on it.. he noted it and set a trial date

[admin]

Look at what they submitted and find applicable case law which backs your case.

[figures2000]

thanks... My Defense is they have not provided proper Proof of assignment and have no standing... I have found some case law that will support my case.. but its from GA and I am in Ma... can I still use this case Law to back up my case????

[FL4answer58]

My Trial is now 3 weeks away... what should I expect at the trial????

o sorry.. it is for a old credit card debt and I am being sued by a JDB

IF it goes to trial.....IF they can't prove assignment you may have a case.

You said your MA and the debt from GA - start there, look up 'ASSIGNMENT' on counsumer debt cases.

Case Law

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=228720

Resource LIST

http://www.debt-consolidation-credit...d.php?t=304195

Edited September 28, 2010 by FL4answer58
sp add

[admin]

If you can find federal law, that counts - but otherwise stick to your state or circuit court (one step between your state supreme court and US Supreme Court) case law.

[figures2000]

This is the one I found from GA court of appeals Wirth v. Cach, LLC., 300 Ga.App. 488 (685 S.E.2d 433) (2009)

[admin]

What does it say? Why are you using it? Just asking for my own reference.

[figures2000]

it states this by the Judge on the appeal and I think it would apply to my case...

Cach relies on the Corrales affidavit to show that Providian assigned to it "all rights and interests [to Wirth's account]." The affidavit, however, fails to refer to or attach any written agreements which could complete the chain of assignment from Providian to Cach

[figures2000]

So basically the Affidavit is Insufficient proof assignment and they have no standing... because there is no Written agreement that comes with it there crap Affidavit

[admin]

Have you submitted a motion to strike the affidavit?

[FL4answer58]

This is the one I found from GA court of appeals Wirth v. Cach, LLC., 300 Ga.App. 488 (685 S.E.2d 433) (2009)

Look inside deeper - rely on the underlying laws to establish your own argument.

GA court of appeals Wirth v. Cach, LLC., 300 Ga.App. 488 (685 S.E.2d 433) (2009)

"Moreover, there is no contract or Appendix A appended to the Bill of Sale which identifies Wirth's account number as one of the accounts Washington Mutual assigned to Cach. The record is also devoid of any evidence which reflects that Washington Mutual purchased Providian to support the chain of assignment to Cach. See Ponder v. CACV of Colorado, LLC, 289 Ga. App. 858, 859 (658 SE2d 469) (2008) (record was devoid of evidence supporting CACV's allegation that it was the successor in [*7] interest to Fleet Bank's right to recover any outstanding debt from Ponder)."

"Given the foregoing, we conclude that "[t]his evidence, even together with the reasonable inferences from it, was insufficient to establish all essential elements of [Cach's] case." Nyankojo, supra, 298 Ga. App. at 10. We therefore reverse the trial court's order granting summary judgment in favor of Cach."

Motion to Strike!

Edited October 2, 2010 by FL4answer58

[figures2000]

Can I use this case law at Trial to support my case...even though its from GA and I live in MA.. I am not able to find any MA Ones.. The Plaintiff in this Case law CACH LLC is the same in My Case... I have not filed a Motion to strike the Affividitt

[FL4answer58]

Can I use this case law at Trial to support my case...even though its from GA and I live in MA.. I am not able to find any MA Ones.. The Plaintiff in this Case law CACH LLC is the same in My Case... I have not filed a Motion to strike the Affividitt

Pro se litigant will not be held to same standard as Atty – in the absence of your own state cases – and the fact it is same CA – Yes cite that case.

“Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers. Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233

"Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment." Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938).

Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA). It was held that a pro se complaint requires a less stringent reading than one drafted than one drafted by a lawyer.

"There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights." Sherar v. Cullen, 481 F. 2d 946 (1973).

Edited October 3, 2010 by FL4answer58

[figures2000]

Awesome thanks so much FL4answer58 for all your help... they also have a bill of sale..but again that is insufficient as well... is does not state my name or the account numbers in Question its blank

[figures2000]

Also they said they will have someone from the Plaintiff to testify at trial to there records

[Guest usctrojanalum]

I really would not suggest using caslaw from GA in Mass. Sure you are a pro se litigant and do not really know better but when the plaintiffs attorney objects to that caselaw being irrelevent the judge will have no choice but to agree.

[admin]

Did they give you details about the witness? Like employment history, etc?

[Massive]

Also they said they will have someone from the Plaintiff to testify at trial to there records

Junk debt buyer Plaintiff is all irrelevant hearsay as the junk debt buyer employee was not an employee of original creditor at about the time the events occurred in a creditor/debtor relationship. Now they will let it stand if you don't object. But the judge must follow the law if you object. In Parts Unknown, these junk debt buyer Plaintiff's dismiss the morning of the trial if not before.

[figures2000]

I really would not suggest using caslaw from GA in Mass. Sure you are a pro se litigant and do not really know better but when the plaintiffs attorney objects to that caselaw being irrelevent the judge will have no choice but to agree.

I am not able to locate any case laws from MA... So if I am not able to locate any... I will have not choose but to use it... even though its from GA... its the same Plaintiff in my Case

[figures2000]

Did they give you details about the witness? Like employment history, etc?

nope... it only says that they are the Keeper of Records for plaintiff and will testify to the Authenticity of them

[figures2000]

Junk debt buyer Plaintiff is all irrelevant hearsay as the junk debt buyer employee was not an employee of original creditor at about the time the events occurred in a creditor/debtor relationship. Now they will let it stand if you don't object. But the judge must follow the law if you object. In Parts Unknown, these junk debt buyer Plaintiff's dismiss the morning of the trial if not before.

when would I object to it as hearsay.. when they call them to the stand???? Reason Plaintiffs withness is not an employee of original creditor at about the time the events occurred