custer

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I am in California. Next week is my trial, the OC has provided copies of the past 5 years of statements . The docs are not authenticated but they will be presenting a witness to authenticate. What kinds of questions should I be asking of this witness? IS there anything that I can focus on to get his testimony thrown? How much knowledge do they need of my case?

Thank you

If the documents get entered into evidence, it seems to me that I will lose. Can I question the standing of the attorneys in the case? When I call the OC, they tell me that NCO is handling the case. When I spoke to NCO, they said that their attornies were handing it. Is any of this relevant?

Bottom line I lose I file bk. I was hoping to reach a settlement but they are not offering anything that I can afford.

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I am in California. Next week is my trial, the OC has provided copies of the past 5 years of statements .

The docs are not authenticated but they will be presenting a witness to authenticate.

What kinds of questions should I be asking of this witness? IS there anything that I can focus on to get his testimony thrown?

How much knowledge do they need of my case?

If the documents get entered into evidence, it seems to me that I will lose. Can I question the standing of the attorneys in the case? When I call the OC, they tell me that NCO is handling the case. When I spoke to NCO, they said that their attornies were handing it. Is any of this relevant?

If the witness is employed with OC, then he/she is financially interested in the action, and so, should be disqualified. Check the Rules of Civ. Procedure of your state regarding disqualification/impeaching witnesses.

You coudl also challenge the witness' personal knowledge of the account in question and how the kind of business of producing CC Statements was a "regular course of business" for him/her.

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Guest usctrojanalum
If the witness is employed with OC, then he/she is financially interested in the action, and so, should be disqualified. Check the Rules of Civ. Procedure of your state regarding disqualification/impeaching witnesses.

Your interpretation of this is wrong, don't know where you got it from. But a mere employee of the OC is not financially interested in the cause of action between the company the employee works for and the defendant. The employee does not receive any financial gain by Amex getting a judgment against the defendant.

Isn't this what we all on this forum want OC's to do? Provide years worth of statements and a witness to authenticate the statements? I mean it is what it is, if they have a witness from Amex there and they are going to authenticate the statements, it is going to look very bleek for the defendant.

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Your interpretation of this is wrong, don't know where you got it from.

Arizona Rules of Civil Procedure

Rule 28. Persons Before Whom Depositions May Be Taken

Rule 28©. Disqualification for interest

No deposition shall be taken before a person

who is a relative or employee or attorney or counsel

of any of the parties,

or is a relative or employee of such attorney or counsel,

or is financially interested in the action.

But a mere employee of the OC is not financially interested in the cause of action between the company the employee works for and the defendant. The employee does not receive any financial gain by Amex getting a judgment against the defendant.

Such witness must be interested in OC winning in this case:

if OC wins, he/she would keep his/her job, or even get promoted,

otherwise

if OC looses this case (due to the witness' faulty testimony, or for other reason) such witness would be fired, and so, .., get unemployed without paycheck ....

Isn't this what we all on this forum want OC's to do? Provide years worth of statements and a witness to authenticate the statements?

?????

I mean it is what it is, if they have a witness from Amex there and they are going to authenticate the statements, it is going to look very bleek for the defendant.

My point is, that most probably, such witness is just a Legal Spe******t hired for usage in litigations, and I'm trying to show a way to disqualfy him/her.

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Guest usctrojanalum
Arizona Rules of Civil Procedure

Rule 28. Persons Before Whom Depositions May Be Taken

Rule 28©. Disqualification for interest

No deposition shall be taken before a person

who is a relative or employee or attorney or counsel

of any of the parties,

or is a relative or employee of such attorney or counsel,

or is financially interested in the action.

Such witness must be interested in OC winning in this case:

if OC wins, he/she would keep his/her job, or even get promoted,

otherwise

if OC looses this case (due to the witness' faulty testimony, or for other reason) such witness would be fired, and so, .., get unemployed without paycheck ....

Ah, now I understand what the issue with your interpretation is. You are confusing what "Persons Before Depositions May Be Taken" (A notary public or court reporting service) is with testimony.

Basically under what you are saying is that the OC can never provide a witness to testify as to the validity of their outstanding accounts, you realize that is asinine right?

I don't have the energy to explain the difference right now, but you are far off base and are really stretching it with your theory.

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custer. look at your complaint. who is the plaintiff? is it nco?

next question, what are they suing you for? breach of contract? account stated?

now, if nco is the plaintiff, and they are claiming to be an assignee, then first they must prove their standing. they do this by providing an assignment and/or bill of sale of a particular account. (your account) if its a general bill of sale that does not reference your account, they have not proven their standing and the courts have no jurisdiction over them....therefore the court cant rule in their favor.

now, if its a breach of contract there are elements they must prove.

same for account stated.

im not sure of anything until you answer the above questions, and also state what docs they have provided to you so far

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first you need to know who the witness is. without knowing the identity of the witness or who the employer of the witness is, cant really say at this point.

if the witness is employed by NCO, move to strike or disqualify as an employee of nco would not be able to authenticate anything from the original creditor.

BUT you need to read the rules for california, im not familiar with the rules of evidence there. but most likely you can disqualify the employee of NCO if that's the situation.

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Q. who is the plaintiff?

A. American Express. If I call Amex I am told that NCO is handling this. When I called NCO they said their attornies were handling this.

Q. next question, what are they suing you for?

A. account stated

Q. state what docs they have provided to you so far

A.

1. Card Member agreement (not signed by me)

2. 2005-2008 Statements for each month

3. Copies of all checks paid

Q. first you need to know who the witness is. without knowing the identity of the witness or who the employer of the witness is, cant really say at this point.

A. I have no idea who the witness is, I have no documents as to who this person is. Is there some way I can find out before the trial?

What questions should I be asking this person? I would appreciate any suggestions such as

- Who do you work for full time?

- When I call Amex about this cc account, I am told to call NCO. How is NCO involved

What sort of personal knowledge does the authenticator need to have to authenticate. I am under the impression that they just need to say these are statements that Amex created and this is how we do business. What can I ask to shed doubt on this persons knowledge and credentials?

- Does Amex still own this debt?

What do they need to prove on account stated? If they have authenticated statements, and the judge would ask me, are these your statements, what else do they need? What questions can I ask to "unprove" this

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Guest usctrojanalum

- When I call Amex about this cc account, I am told to call NCO. How is NCO involved

They are the collection agency.

- Does Amex still own this debt?

I'm going to say yes from the info you provided, your credit report would be the best place to find this information though. If your amex account does not say "sold/transferred to another lender" or something to that effect, Amex still owns it.

What do they need to prove on account stated? If they have authenticated statements, and the judge would ask me, are these your statements, what else do they need? What questions can I ask to "unprove" this

To be honest - if they have 3 years of statements, a witness from Amex to authenticate the statements, and copies of checks that you made on those statements.. I do not like your chances.

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I did not like my chances and we settled for about 15 cents on the dollar

I am dealing with AMEX as well.. If you dont mind could you elaborate on what happened between them having a a witness flown in and your settlement? Did you settle at trial?

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As a moderator, I don't understand why it is that you would resort to such demeaning language in pointing the misguided conclusion of GDAYMATEAZ...While agree that the advice is faulty but to refer to the author as "asinine" is a bit uncivil and discouraging of the advancement of ideas...not cool, not cool at all.

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I am dealing with AMEX as well.. If you dont mind could you elaborate on what happened between them having a a witness flown in and your settlement? Did you settle at trial?

We had a trial scheduled where they provided an affadavit, I fought that and was a day from a jury trial when the court cancelled and moved the case to my true venue. Next we had the trial reset and I got the 6 inch stack of documents. The court once again a day before trial cancelled and the court wanted to wait a week but the plaintiff said their witmess could not make it for a month. Court day 3, a week before, plaintiff attorney wanted to change date for a personal reason. I had my bk attorney call him and tell him the truth about how deep in debt I was and that bk was going to happen if I lost the case. We then offered 15% (up from my previous offer of 5%) and it was accepted. The bk attorney then negotiated the wording of the agreement (and I am so glad that I did not have to do that, I would have missed many concepts) and I have signed off and sent a check. This happened a week before the trial, which is now continued and will be dismissed with predjudice as part of the agreement.

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