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there copies of 6 statements from the OC... do they have to be Authenticated by the OC ????

Also should I use these arguements to give some Doubt about there case and Affidavit being Inaccurate.. between there Affidavit and bank statements they provided me and answer to my Discovery about what the opening account number was... they give 3 different account numbers.. I then questioned this in Discovery and they sent me a Affidavit from the OC claiming all 3 Numbers was from the same account.. the Affidavit is blank no info about me or the the account numbers I questioned in Discovery

Also on the Affidavit there claiming the account was open in 1995 with boa. yet they supplied a bank statement from Fleet back in 1994

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there copies of 6 statements from the OC... do they have to be Authenticated by the OC ????

Read your court rules on evidence to see what they say about copies of documents.

For the rest of your post, are you being sued by the OC or a JDB?

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JDB... They supplied me with 6 statements 5 of the statements are the same account number from 04 and 05... the 6th statement is a different account number from 07 that is over 2 years apart from the other statements.. the account number on the 6th statement is the same account number that is on the Affidavit of debt

then the Affidavit says that account number and account was open in 95... yet 2 of the credit card statement from them is dated from 94 and from a fleet bank not BOA like the other 4

Edited by figures2000
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Read my reply to your post in "Affidavit from OC".

Let's keep everything in this thread.

they give 3 different account numbers.. I then questioned this in Discovery and they sent me a Affidavit from the OC claiming all 3 Numbers was from the same account.. the Affidavit is blank no info about me or the the account numbers I questioned in Discovery

How do you know the affidavit is from the OC? How can it claim all 3 numbers are the same account, yet it's blank and doesn't mention the account numbers?

Edited by BV80
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JDB... They supplied me with 6 statements 5 of the statements are the same account number from 04 and 05... the 6th statement is a different account number from 07 that is over 2 years apart from the other statements.. the account number on the 6th statement is the same account number that is on the Affidavit of debt

then the Affidavit says that account number and account was open in 95... yet 2 of the credit card statement from them is dated from 94 and from a fleet bank not BOA like the other 4

i dont know if its really from the OC and I dont know if that 6th copies is a fake.. I questioned the different account numbers in discovery and they sent me a Affidavit of claim and certification of debt saying all the account number was for the same account... but again the account numbers I questioned and my name is not on that affidavit of claim

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If it were me, I would not settle. But that's just me. You have to feel comfortable with whatever you do.

I would include that the affidavit is incomplete. It makes NO specifics. It provides no proof that any alleged account is owed by you. Cookie cutter, puppy mill affidavit. If they are so sure you owe the debt, why is the affidavit not specific?

They have provided no proof they own the alleged debt, therefore, there is no proof they have the right to collect on the alleged debt. A blank bill of sale means nothing. Where is the evidence that the purchased any alleged debt allegedly owed by you? If you owe the debt, where is the bill of sale that states specifically that they bought a debt allegedly owed by you?

They haven't proven that any one of the 3 account numbers they provided is valid. Their own affidavit doesn't even mention an account number.

Where's the evidence???

As I said, you must do what makes you comfortable. I can only tell you how I would personally handle the situation.

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I am not settling... I have gone to far and put to much work into this to settle now... I dont want to go to trial and hopefully they dismiss before friday... But if I have to I will go and fight... I have read some caselaw and they dont have vaild proof they own this debt.. and I have been putting together my arguments for friday... if this is dismissed I am fine with that.. if they have not filed for a summary judgement and are calling me to settle before trial.. they know they have no case

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Your question can't be answered as it is not clear and we need to get more details for it. Wy don't you ask this to local lawyer?

I have talked with a local Lawyer... they said they wont have the Docs to prove they own the debt and will not win at trial if I fight it

Thanks BV80 =)

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I have talked with a local Lawyer... they said they wont have the Docs to prove they own the debt and will not win at trial if I fight it

Thanks BV80 =)

They tried the last ditch effort to get you to succumb to them before they dismiss at the 11th hour.

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You need to do a Motion to Strike:

IN THE TYPE YOUR COURT HERE STATE OF TYPE YOUR STATE HERE

IN AND FOR THE COUNTY OF YOUR COUNTY HERE

Plaintiff,

v.

YOUR NAME HERE

Defendant

)

)

)

Case No.: CASE NUMBER HERE

DEFENDANT NAME HERE

MOTION TO STRIKE PLAINTIFF’S

AFFIDAVIT OF DEBT

DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF DEBT

Now comes the Defendant (name went here), PRO SE, who requests this Honorable Court to Strike the Plaintiff’s Affidavit of Debt for the Following Reasons:

1. The Junk Debt Buyer has filed Exhibit B Affidavit of debt.

2. Exhibit B affidavit pertains to acts and events that allegedly occurred between Defendant and a third party, (original creditors name ).

3. At no time was the creator of the affidavit nor any of the Plaintiffs employees present to witness Any alleged acts or creation of the records of transactions occurring between defendant and the (Original creditor name)

4. As such said affidavit falls under the hearsay rule (Evidence Rule was here) and is inadmissible as evidence.

5. Defendant further states that the affidavit is not subject to the hearsay business records exemption because it was not made at or near the time of the alleged acts or evens, and;

6. The information contained in the document is merely an accumulation of hearsay, and;

7. Upon Information and belief, the creator of the document in Plaintiff's Exhibit B is not currently and has never been employed with (original creditor) and therefore cannot have personal knowledge of how (original creditor) records were prepared and maintained and; 8. Is unqualified to testify as to the truth of the information contained in Plaintiff's Exhibit B.

WHEREFORE, the Defendant prays that the Plaintiff's Exhibit B be stricken from the evidence in the

above action:

Respectfully Submitted,

_______________________

Your Name Here

Your Address Here

Defendant

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This one sometimes is a good one to use and they dismiss their selves out of case: But people are missing the point, when these Scum bags file suit in most States you can sue for filing a fraudulent lawsuit and or use for Harassment..In Texas it is under Rule 12 or 6 i thnk...

MOTION TO COMPEL DISCOVERY

IN THE SUPERIOR COURT OF THE STATE OF <YOUR STATE>

IN AND FOR THE COUNTY OF <YOUR COUNTY>

Case No._____________________

MOTION TO COMPEL DISCOVERY

MIDLAND CREDIT MANAGEMENT

Plaintiff

Vs.

Joseph Consumer

Defendant(s)

COMES Now Defendant, xxxxxxx, and files this MOTION TO COMPEL DISCOVERY, and requests the Court to grant such Motion based on facts stated below:

1. Defendant served Discovery Requests by certified U.S. Mail to Plaintiff's attorney, xxxxxxxx, on April 18, 2005. A copy of the certified mail receipt is attached hereto as Exhibit "A."

2. Defendant faxed a Good Faith letter to Plaintiff's attorney xxxxxx on May 18, 2005, requesting Discovery answers and documents, or for Plaintiff to request an enlargement of time to answer Discovery. A copy of the faxed letter is attached as Exhibit "B."

Respectively, 12 O.S. Section 3237 E.:

"FAILURE OF PARTY TO ATTEND AT OWN DEPOSITION OR SERVE ANSWER TO INTERROGATORIES OR RESPOND TO REQUEST FOR INSPECTION. If a party fails:

2. To serve answers or objections to interrogatories submitted under Section 3233 of this title, after proper service of the interrogatories;

The court, in which the action is pending on motion, may make such orders in regard to the failure as are just, and among others it may take any action authorized under subparagraphs a, b and c of paragraph 2 of subsection B of this section."

CONCLUSION

Defendant has made good faith efforts to remind the Plaintiff of his responsibilities to answer Discovery, and as of this date, no documents are forth coming nor has he communicated any request for extention. Plaintiff's lawsuit and Motion for Summary Judgement is based on documents and facts that they allegedly possess. Defendant has repeatedly requested these documents and proofs of facts, but has been denied.

Respectfully submitted this _________ day of May, 2005.

__________________

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You could call the courthouse the day before, but some lawyers will wait until the morning of the court date to dismiss, and others will meet you in the hallway and tell you they're dismissing the case. You never know.

They will have to travel over an hour and 30 mins to the Courthouse and the Trial time is 9am =)

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It will depend on how many other cases the lawyer has for that time slot.

The last time I went, I was the only case the attorney had for that morning so it took about 10 minutes in the hallway and we never even talked to the judge. The attorney asked for a continuance and that was the end of it.

In another instance, the hearing itself only took about 15 minutes but I had to sit through 6 or 8 criminal processing hearings prior to the civil cases being called. Again, mine was the only civil case being heard that morning and it only took about 15 minutes.

RL

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It will depend on how many other cases the lawyer has for that time slot.

The last time I went, I was the only case the attorney had for that morning so it took about 10 minutes in the hallway and we never even talked to the judge. The attorney asked for a continuance and that was the end of it.

In another instance, the hearing itself only took about 15 minutes but I had to sit through 6 or 8 criminal processing hearings prior to the civil cases being called. Again, mine was the only civil case being heard that morning and it only took about 15 minutes.

RL

15 min's for a Trial????? so they are fairly Quick

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Because the evidence they submitted is so flaky, I would write down an outline of what you posted here in the form of a written motion to dismiss. List via discussion in the motion to dismiss:

1. between there Affidavit and bank statements they provided me and answer to my Discovery about what the opening account number was...

2. they give 3 different account numbers..

3. I then questioned this in Discovery and they sent me a Affidavit from the OC claiming all 3 Numbers was from the same account..

4. the Affidavit is blank no info about me or the the account numbers I questioned in Discovery

I disagree with Massive - if they've submitted this evidence, they have virtually already presented it as part of their case in court. Don't waive it off.

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