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How to get deposition from out-of-state OC


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I am in Georgia and being sued in Magistrate Court by RPR Holdings a JDB who is the 5th assignee from BofA. This court does not allow pre-trial motions, interrogatories, summary judgments, etc. so I can't accomplish a number of things that would make getting documents easier.

There are of course a number of issues with their "Bill of Sale" documents and chain of assignment and I already know the issues with Bill of Sale and lack of actual agreement and specific account number, etc. I am attacking all that as well. So those elements are not my question here.

I don't dispute that I had a BofA account that was charged off. However, the account number used by the JDB is different from the one listed on my credit report. I called BofA and they confirmed the account number used by the JDB is indeed in my name.

However, BofA said they sold it in March 2007 to West Asset Management with a balance of $5028.99. The Bill of Sale documents say BofA sold it with a balance of $$5208.99 in Sep 2006 to Worldwide Asset Purchasing, who then sold it to West Asset Management in June 2008. Major discrepancies here!

If I can get an admissible statement from BofA with what they have in their records, that clearly blows a big hole in the supposed chain of assignment of the entire account. How do I do that?

I've been told I can hire an attorney to do a deposition but how and where? I'm defending this whole thing pro se so cost is an issue. Do I need to get someone in Norfolk VA (which is the address of BofA on my credit report, I don't actually know where this would have to take place)? Can a paralegal or attorney in GA do it? Is there any way I could do it myself?

Thanks!

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Depositions are a nightmare, they will end up costing you more than the credi card settlement would, and you may come away with nothing but a bunch of objections. Don't you have Superior Court in Georgia? You might want to try to transfer it there, as it sounds like your rights are being cancelled by this lower court, which sounds like small claims. Countersue them for the minimum limit to get it into SC, then you can conduct discovery. Check your local rules to see if this will work.

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Thanks. Yes, I can make a motion for a jury trial, which would kick it up to Superior Court, where discovery would be available, but does that solve my issue of getting admissible information from BofA regarding my original account and when it was sold and to whom?

Magistrate Court in GA operates very informally and in theory helps a defendant like me to keep costs low (and yes, it is technically small claims court). I suspect the JDB also uses this court to limit the things a defendant can make them do.

Even if I make a motion for a jury trial, the judge still has to grant that. It's not automatic. Not sure if I can demand it be kicked up to Superior Court just because or if I can do that at this point (I've already filed my Answer).

If I just take information I've gotten from BofA on the phone then I'm doing what I'm accusing them of in terms of not valid written affidavit and having a valid chain of assignment. Maybe I could just use the entry from my credit report to show different account numbers and amounts? But I still don't have anything in writing to show BofA sold it in March 2007 as opposed to JDB "Bill of Sale" from Sep 2006.

Edited by GA JDB Fighter
clarifying one aspect
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