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Going to court on monday need some help


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I am being Sued by a JDB Midland funding.I went to court last month the card number I am being sued for is incorrect Nevr had a card with that number.When I was in court last month spoke with the attorney he had some of my statements from a card which was mine but not the card I am being sued for.He asked for a continuance now the court date is on this monday recived a settlement letter last week.Just wondering if anyone had any thoughts.Oh ya I am in Connecticutif that helps.One more thing does anyone Know if you can go bankrupt on a small claims judgement just in case I lose.

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There is no settlement yet I was hopping since the card they are sueing me for has an incorrect acc number that I might win.

We need more details.

1. Did you answer the Complaint and file your answer with the court?

2. Did Midland request documents from you?

3. Did Midland send any evidence to you?

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Yes I sent a answer and they sent eveidence thats is how I realized they were sueing me for a card that was not mine.The number wasent even close.I was wondering if that was enough to get the case dropped. they claim there were familier with my case but yet they have the name wrong and the card number wrong.The lawyer representing them had some statements from card that was mine but the court papers all have a wrong card number on them.Thanks for your replys

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Yes I sent a answer and they sent eveidence thats is how I realized they were sueing me for a card that was not mine.The number wasent even close.I was wondering if that was enough to get the case dropped. they claim there were familier with my case but yet they have the name wrong and the card number wrong.The lawyer representing them had some statements from card that was mine but the court papers all have a wrong card number on them.Thanks for your replys

It might depend upon why the attorney asked for a continuance. I don't know if he's amending his complaint to reflect the correct account number or not.

Anyway, they have to prove they have a right to sue. They must present a bill of sale from the original creditor to Midland proving that Midland bought the account. Most bills of sale will not have your name or account number on them. They will simply show that Midland bought a bunch of accounts from the original creditor, but it won't specify your name on the bill of sale.

That's only proof they bought some accounts from the credit card company. It's not proof they bought your specific account. Therefore, they haven't proven they own your account and have a right to collect any money.

Did they include a bill of sale? Also, did they provide an affidavit from anyone stating that the credit card statements are true, correct, accurate (something like that) copies of records from the original creditor?

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There is an affidavit and a statement of claim from midland but that is all.the lawyer asked for a continuance to get his papers together.I did not realize that they could change the acc number they are suing me for.

They would claim they are correcting a mistake on the Complaint. The court might allow them to change the account number they wrote on the Complaint to match the account number on the statements. I don't know if that's why the attorney had asked for a continuance or not.

In any case, unless they have a bill of sale from the original creditor to Midland, they haven't proven they bought anything. If they don't have a bill of sale with your name on it, they haven't proven they bought any account you once owed.

They affidavit they included probably states that Midland's claim is accurate. Does the affidavit mention the credit card statements?

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Let me give you a two word phrase to absoultely wear out in court.

Objection, hearsay.

The correct card number or wrong is irrelevent. It's hearsay either way. An affidavit, it's hearsay. A statement from Midland there records show you owe an amount, irrelevent and hearsay.

A bill of sale, who cares, it's hearsay. I can write a bill of sale and sign it. How do you know it is real.

Midland or their employee can't testify to what you owe the OC, it's hearsay. Midland was not around when you entered into any agreement with the OC, if any agreement even was entered.

Anytime the JDB attorney attempts to enter anything into evidence, objection, hearsay.

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They only have 30 days to amend a complaint without opposition. (Section 10-59 of the Practice Book) After 30 days, see Section 10-60, they need permission from either you or the court. I am also in Connecticut, Litchfield district. Judgments are not necessarily wiped out by bankruptcy. You might want to try a Motion to Strike the Complaint, Section 10-39, as this is not your account. This is no technicality, that may be somebody else's account with a bigger balance than yours, you don't want to be on the hook for that. Did they use account stated as a cause of action?

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Judgments are not necessarily wiped out by bankruptcy.

A judgment from Midland will almost always be wiped out in BK, especially if the OP files for Chapter 7.

Even in a 13, the OP can offer zero to Midland on the judgment. As long as the OP is in BK 13, Midland is going to have a hell of a time collecting without getting permission from the Trustee.

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