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Objecting to plaintiff request for bank records


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Being sued by LVNV in civil court account stated and unjust enrichemnt for an alleged extension of credit with last payment date of September 2007. Plaintiff has requested a hearing on my objection to their request for bank records from 2007. I was served the summons back in may of 2011. To this date, the plaintiff has produced nothing no evedence at all. 45 days after receiving my production requests, they asked for more time. It was granted by the court. Then they had a hearing on my vauge answers to thier questions. I neirther admitted nor denied. Since this is not my debt, I agreed to deny everything because I am sure this is mistaken identity. One plaintiff interrogatory asked, "if you deny this is your debt, produce all your banking records from 2007. I objected to that questions as follows:

Objection: Interrogatory is objected by the Defendant on the grounds that it is personal, confidential and private. This Interrogatory seeks information that is not relevant to any issue in this action, information

not calculated to lead to the discovery of admissible evidence, information not relevant to any subject

matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.

They have requested a hearing on that objection.

I really do not want to release my banking records to this JDB attorney Especially when they have zero evidence that this is my debt.

How best should I handle this in the upcoming hearing?

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Well if your claiming the account is not yours and your records show payments on the account, that is a problem. Good news it's a JDB, you can pretty much admit the debt and just challenge their standing and they fold.

However, you might want to argue the costs associated with the request. The amount of time they are asking you to go back will require an hourly fee plus costs per page to get from the bank direct. Of course you are the worst record keeper in the world and have no records :) so will have to be done by the bank. Records that old take time and money to get.

I would argue the issue is not ripe at this time, if you have asked for discovery and they have provided nothing that proves the debt. In other words, take the position that assuming everything you provide will prove 100% what they are alleging, it won't matter.

If they have not met all the other elements required to win, then who cares if you made payments. Making payments on an account does prove an account many times (account stated). If this was an OC I would say you have no shot, but a JDB, you can do it.

Personally, I would just go at it as too much of a cost and at this time, maybe later if they provide more proof, won't matter since they have no other evidence. If they can't prove they even own the debt (with admissible evidence) then all the bank records in the world won't matter. Your bank records will prove you had an account with the OC. They still have to prove they are now the legal owner of that account you once had with the OC. Your payment records to the OC do not prove that.

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If there is a hearing just be up ront with the judge you can't admit or deny without any sufficient evidence or something like that. You can also file a motion for sanction for filing a frivolous lawsuit under Florida Statute 57.105 which means that if this should go to trial and they lose for lack of evidence or I believe voluntary dismiss it, they and their attorney must pay you attorney fees if you use an attorney, as for me I would file it even if I don't have an attorney read the ststute in its entirety I didn't see where it says attorneys only. Hope that helps. Be Blessed! S.A.

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