keith1977 Posted March 28, 2011 Report Share Posted March 28, 2011 So midland finally responded to my request for docs. They have all cc statements, and two affidavits of a bill of sale one from the cc company (now defunct) and another to a different collection agency, then to midland. What to do??? Pre trial is over, its set 4 trial in a few months. Settle? (I'd hate to do that) Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 29, 2011 Report Share Posted March 29, 2011 What to do??? Pre trial is over, its set 4 trial in a few months. Settle? (I'd hate to do that) Link to comment Share on other sites More sharing options...
BV80 Posted March 29, 2011 Report Share Posted March 29, 2011 I believe the bills of sale are just that. They are not affidavits. Or did they include affidavits with them? Link to comment Share on other sites More sharing options...
keith1977 Posted March 29, 2011 Author Report Share Posted March 29, 2011 They sent a bill of sale from First Bank of Scum and an affidavit saying a pool of debts was sold to Jefferson Capital Systems, and was originated from First Bank of Scum, the person said they were the custodian of records foe the bank. The bill of sale was to Jefferson Capital Systems who also did an affidavit. All that was dated march 10th after i sent my request for docs. The original affidavit with the warrant was from Midland. I filed a motion to strike that. What they have not done is establish a link between midland and Jefferson Capital Systems. They had everything notarized by the court. I'm sorta confused with what my next steps should be. The stroke i had a few months ago has left me not on top of my game (in addition to partial paralysis on my right side). The attorney was very nice (nice i bet cause he figures he can beat this crippled person). He told the judge it will take him a half hour 2 argue his case!! *shakes head*I believe the bills of sale are just that. They are not affidavits. Or did they include affidavits with them? Link to comment Share on other sites More sharing options...
keith1977 Posted March 29, 2011 Author Report Share Posted March 29, 2011 midland's affidavit had a cc number and my name. Jefferson cap systems affidavit did not. bill of sale to Jefferson cap systems from first bank of scum had no cc number, nor my name...it says a pool of debts was sold. they didn't include any bill of sale or link to midland.would it be worth informing the attorney that I'm on disability, have no assets and encourage him to just drop the dog and pony show?What to do??? Pre trial is over, its set 4 trial in a few months. Settle? (I'd hate to do that) ========================================================What makes you think you have to settle? Based on what you've posted if allowed by VA civil procedure rules I'd depose the individuals who signed those affidavits. I'd also send out a second request for production, again around those same signers. I'd draft a motion to compel either or both. I'd draft a motion for sanctions related to either or both. That would be my steps at this point. Settlement would never ever be an option. I don't eny you. I had a Capitol One problem a decade ago. Finding a lawyer willing to sue Capital One in Henrico County was not the easiest task in the world. It finally made more economic sense to sue in federal court. Even the court clerks office was very hometown friendly. Good luck. I suspect you're going to have to have boots on the ground to make this work for you but this can work for you provided you're willling and able to do the work required. Link to comment Share on other sites More sharing options...
admin Posted March 29, 2011 Report Share Posted March 29, 2011 They sent a bill of sale from First Bank of Scum and an affidavit saying a pool of debts was sold to Jefferson Capital SystemsHere's where you might have them. A pool of debt without your specific account number on there is not sufficient proof and will not meet Chain of Custody requirements. Link to comment Share on other sites More sharing options...
keith1977 Posted March 29, 2011 Author Report Share Posted March 29, 2011 Thanks admin. Do you have a link that would show these requirements so i can respond to hem with specifics?? THANKS SO MUCHHere's where you might have them. A pool of debt without your specific account number on there is not sufficient proof and will not meet Chain of Custody requirements. Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 30, 2011 Report Share Posted March 30, 2011 would it be worth informing the attorney that I'm on disability, have no assets and encourage him to just drop the dog and pony show?==========================================================The plaintiff in the case has a to prove his case to some level. You must learn what that level is. You must use the discovery process to learn what evidence will be presented against you. Using the knowledge garnered from your discovery efforts you mount a credible defense. In California, hell is most places I believe it is always appropriate to sue back. There are no magic bullets however. You have to look at the facts and the relavant laws to form a legal theory of the case at bar. That's how you move from being a defendant in a collection case to being cross-plaintiff and collecting $4,000 plus dollars to dismiss their collection case with prejudice plus your cross complaint with prejudice. I don't suspect what you mention above about a disability would work to your benefit in Virginia. I can tell you in California I've seen socal and norcal judges view folks who don't pay fees with disdain. Consider the folks who bought houses without the 20% downpayment. No skin in the game so they were open to a strategic default. Judges are people too. In California sometimes they try to appear impartial but if you've appeared enough times or sat in on enough hearing you get a feel for how things happen, why they happen and what doesn't fly. Speaking to the other side or the the court about your condition would cause the judge to look for fee waivers. If you didn't write the $350 check or whatever your entire case would be looked at from a lesser perspective. If you didn't mount a credible well pled counter quite honestly you'd probably wind up with a judge who ruled against you every chance they got. I heard last week about a san francisco judge that let in abuse evidence. The judge did it because he could. The defendant didn't conduct reasonable discovery and that's what the judge laid his hat on in his ruling to let in the abuse evidence. You're in Virginia. Find strong competent trial counsel if you feel you're not up to the task at hand. If you are. Get to the courthouse and look at the pleading of the law firms who have beaten the local collection bar. Go to the law library to research what should be left in the prosecution of your defense. Review of the law firm pleadings will tell you the process. Follow the process. Don't re-invent the wheel. If you don't understand something email the attorney who wrote the pleading. He or she may explain it to you quickly for free via email or for the price of a one hour visit. Either way you have fact based information with which to perfect your actions. Link to comment Share on other sites More sharing options...
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