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filed a motion for a definite statement...


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It's been 20 yrs since I was in small claims, and not with a debt "buyer" collection, so I am very upset. I didn't even get a notice of this because I see they had an address I never lived or used that was on the "statement" So, this summons was a surprise. I am trying to understand this whole procedure, but a quick learner..I am not. I did not answer, but filed a motion to the court for a definite statement. ( The statement they attached looked like it was produced by them ( plaintiff) and had a wrong address, one I never used) I referenced Brown V Columbus, Capital One V Heidebrink, but in reality, I have no idea what I am doing except I looked up a case like mine from a few years ago and followed that format. Now, I am assuming that the Judge will rule on this. So do I just wait on that or can I ask the plaintiff my own set of questions? What I want to know is what to expect or do to be more prepared and can I ask the plaintiff why is my maiden name being used at an address I never resided or used as an address and haven't used my maiden name in 10 yrs! Thanks for any assistance. Sorry, I had Macys do this a few years ago and I had to dig up an old check to prove I paid it off and they reinstated my account. Luckily I had carbon copy checks or I bet I would be in court with them too. Why does the defendant have to search out the past to try and defend themselves. Doesn't the plaintiff have to show the debt first before they file in a court? Anyway, sorry.. just if you can tell me what they plaintiff will do next so I can get prepared.

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Since we are sister states, I would think our laws are similar. What you filed is like a BOP for CA, it is good law unless you have answered the complaint. If not, then the court will rule on your motion first and then you will have 20 days to respond. Good job and nice call.

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Thanks, I went through all the lawsuits from this JDB and found one to copy. I did read everything and all the court cases, so I understand what I am asking for, but don't know what to do next, but would like to appear like I know what I am doing, so do I wait for the judge to rule or can I motion something else? I went through all the cases from this JDB and 90% were default cases, so I get the feeling they will not spend time on cases that they think the defendant knows what to do. Being that I don't know what to do, I will give it away. Is the fact that the JDB had a wrong address on the fabricated statement an issue to bring up? Afterall, how can I get any notice if they have me at an address that I never lived at or used in my life. Kinda tricky, I think.

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"Also, they need a contract or user agreement that controls the account"

What exactly is that?

The did attach a generic type bill of sale dated 2008 from the seller ( credit card) to the collection agency/buyer. But from the other suits, it looks like the same thing was attached to all the suits.

One thing I noticed was the date it said it sold or tranferred to this JDB. I still have an old letter from a different collection agency from 2009. So, how could they have sold it in 2008 to this present JDB if another one was writing me at the time. Is that important to bring up?

Ok, I won't be a pest, just trying to understand what is important. Again, thank you and I will continue to read this site for other posts to help me understand. have a great night/weekend.

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Is that important to bring up?

Not only is it important, but it can win the whole case for you. It is literally the one hurdle (court calls element) they almost can't, or won't spend the money, to overcome.

Your making a great argument. How do you know who owns this debt? Because they send a letter? I did this in a very respectful way, but I got out a sheet of paper and wrote Judge XXXX owes Coltfan1972 one million dollars. I then held it up and said, Your Honor, do you owe me one million dollars because I wrote it down and presented it to you?

There is really no difference. They have paperwork that says you owe a debt to somebody that you never entered into a contract with and have no prior business realtionship.

The key is making the argument at the right time and not waiving your objection to their evidence. It can mean you accept the evidence if you don't challenge it. Trial might be too late. This is small claims so the rules can be different.

I would research standing, that's what ownership of the debt gives them, standing. Yes, they need detailed documents, bill of sales, contracts, ect to show they own the debt. However, at least in circuit or superior court, if you challenge the documents they are forced to bring witnesses in to authenticate those documents.

Here's the problem with that. Money and lack of cooperation from the original creditors and/or previous owners. If they don't have a witness to establish each link in the chain of evidence, they can't, legally with admissible evidence, prove they have standing.

Notice it my whole response I never mention if you owe or don't owe the underlying debt. That is because if they can't prove standing/ownership if you owe or don't owe the debt is irrelevent.

Might be a tad extreme, but think criminal court. If there is a trial for possession of cocaine, but at the beginning of the trial the Judge, for whatever reason, suppresses or excludes the cocaine, it really does not matter if there was possession. There is no longer the key evidence, the cocaine. The argument of possession never even comes into play.

In your case or similiar cases the issue of standing is the criminal equilivent of the cocaine in my above example. Without proving the standing or getting the evidence related to the standing, for whatever reason, inadmissible, means you win and never had to even address the underlying debt.

It's not just standing. Any document they want to produce they did not have personal first hand knowledge of, is hearsay (generally speaking), and can be challenged.

Standing/ownership should be at the top of your list, in my opinion, for your defenses. If you get to a higher court with formal discovery, watch how many of the other sides questions and requests for documents will revolve around standing. They also know what an important issue it is, therefore, they will hammer away at it in discovery and do everything possible to get you to conceed their standing to even sue you.

Edited by Coltfan1972
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