caramia1225 Posted September 11, 2011 Report Share Posted September 11, 2011 Hello All,I am fighting my JDB is County Civil court (Broward County, FL). I want to motion to strike information that the JDB printed from the internet.A user on this board was kind enough to offer a case quoting Fed Civ Rules of evidence in support of my argument.Up until now I have used all Florida rules and case law. Can I use these Federal Rules in the County Court?Thanks! Link to comment Share on other sites More sharing options...
Seadragon Posted September 11, 2011 Report Share Posted September 11, 2011 I hope it isn't something from here.They are going to have authentication problems. The electronic records are hearsay, and can't really be authenticated.look up web page admissibility in Fla. Link to comment Share on other sites More sharing options...
caramia1225 Posted September 11, 2011 Author Report Share Posted September 11, 2011 The CC I am being sued on was originated with WAMU and switched to Chase Bank...One of the arguments I made is that the JDB did not produce an assignment of debt from WAMU to Chase.To which, JDB responded with a printout of WAMU history from the FDIC website showing Chase purchased WAMU.Of course I will argue that this does not prove the debt in question was transferred, but I was also looking for defense against the evidence printed from the internet. Link to comment Share on other sites More sharing options...
Seadragon Posted September 11, 2011 Report Share Posted September 11, 2011 The document is from the FDIC but there are problems with it appendix A. But you may have the problem I had where the account was sold to a JDB then they were trying to get records from chase.The web pages from a government entity are admissible. I hate to say it. I used this same document to try to prove they had no reason to subpoena chase. It didn't work by the way. but the agreement doesn't reference any accounts. so it is not responsive to showing chase employees have personal knowledge of the wamu accounts. wamu employees were in california and layed off on 25 september. chase employees have no personal knowledge.The real thing is to find out if it was a valid account. You see chase had no account notes, and no logs for my account. Link to comment Share on other sites More sharing options...
Recommended Posts