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There have been shifts to the CA tactics we need to analyze the shifts


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The CA's have changed tactics in response to the shifts in courts rulings on Collection Case matters.

They are now getting the affiants to go deeper into the personal knowledge issues and filing less hearsay complaints and more intial pleading tightening of their arguements.

I suggest that every one look into the rulings of their local courts and report changes from the way they complained at the begining of the year to the complaints now.

It is my belief that one win for the defendant makes the courts rule that way for a long time this means each and every win for us makes it harder for them to run the default express.

I believe we need to look at filing injunctions against the JDB's from filing suits without the prove ups. If you have shown the courts that the plaintiff's records practices are suspect then the courts can rightly order an injunction precluding the filing of complaints without the requisite standing.

If we counter claim an injunction it will help others and maybe yourself. To fight the injunction they also have to give up some discovery that they do not want to.

If you don't agree with this I am also looking for ideas on tactical shifts for our side.

looking forward to researching more.

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I believe we need to look at filing injunctions against the JDB's from filing suits without the prove ups. If you have shown the courts that the plaintiff's records practices are suspect then the courts can rightly order an injunction precluding the filing of complaints without the requisite standing.

I understand where your coming from. However, personally, I would be against this. The same reason I won't file a motion to compel a lot of the time, not always never file one, is the same I would not want this.

Just like with a motion to compel. Your asking the courts to force the Plaintiff to firm up their case. Your asking a court to make sure the Plaintiff's case is stronger in both this idea and with a motion to compel.

A filed complaint that is lacking in evidence and just meets the bare bone minimum is a lot easier to defend against than a complaint filed with strong evidence on the front end. Plus if this was required the JDB would have a built in argument that the courts have already defined what consitutes proper evidence, and they have provided that evidence the court deems proper. An argument that could be beat of course, but a legit sounding argument however.

Also part of defeating a JDB relies on the fact they don't want to put out the time and expense to get docs from the O.C. With this idea they will have that evidence because it will be required in every case on the front end.

I never want to give up any discovery rights. Discovery is where the case is won and lost. I want them starting with the absolute weakest hand they can start with.

At the end of the day, the law, rules of evidence, and the burden of proof to prevail will be the same no matter what is included with the initial filing. No reason to give them a head start with evidence production. They are expecting you to default and generally speaking will not put up a fight. They really have very little invested.

They are more likely to put up that fight if they have already, on the front end, spent the time, money, and effort to obtain required evidence to just file the complaint. In other words they will be more invested, money wise, therefore more likely to say, screw it, we have already spent money on the case so lets see this investment through a little more before we wave the white flag.

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We might see a gradual shift back toward proper records keeping and transfers as more and more people are willing to fight and win. Right now, most JDBs/CAs have nothing because 98% of the time, they get a default. If that default number moves to say 60% - 70%, the tactics will change because the costs will go up.

I also agree with ColtFan on this one that I would rather the JDB try the easy route and then make them decide if they want to fight or fold early.

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The CA's have changed tactics in response to the shifts in courts rulings on Collection Case matters.

They are now getting the affiants to go deeper into the personal knowledge issues and filing less hearsay complaints and more intial pleading tightening of their arguements.

I suggest that every one look into the rulings of their local courts and report changes from the way they complained at the begining of the year to the complaints now.

It is my belief that one win for the defendant makes the courts rule that way for a long time this means each and every win for us makes it harder for them to run the default express.

I believe we need to look at filing injunctions against the JDB's from filing suits without the prove ups. If you have shown the courts that the plaintiff's records practices are suspect then the courts can rightly order an injunction precluding the filing of complaints without the requisite standing.

If we counter claim an injunction it will help others and maybe yourself. To fight the injunction they also have to give up some discovery that they do not want to.

If you don't agree with this I am also looking for ideas on tactical shifts for our side.

looking forward to researching more.

Prob wouldn't work, at least in Connecticut. Injunctive relief is very hard to get here and is always used in connection with an ongoing case. I doubt any judge would sign an order preventing JDBs from bringing suit based on the presumtion that they won't be able to prove their case. Sounds like a constitutional violation, denying free access to the courts and all that jazz. Maybe a nice class action suit against one of these JDBs would be a good thing to look into.

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