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Delaware CCP Requires Proof of Ownership


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For anyone being sued in DE Court of Common Pleas it is helpful to know that on July 1, 2011 the Court's Administrative Directive 2011-1 became effective.

It requires that creditors filing consumer collection cases with the Court must also submit:

PLEADING REQUIREMENTS:

1) the caption shall name both the original creditor and the current assignee;

2) the name of the original creditor and the last four digits of the original account number of the debt;

3) the name of the current owner of the debt;

4) the full chain of the assignment of the debt, if the action is not filed by the original creditor; and

5)the amount claimed as currently owed, broken down by principal due at the time of default, interest, fees and other charges.

EXHIBITS TO THE COMPLAINT:

1) a copy of the original contract or other documentary evidence of the original debt; and

2) a copy of the assignment or other documentary evidence establishing that the plaintiff/creditor is the owner of the debt. If the debt has been assigned more than once, then each assignment or other writing evidencing transfer of ownership must be attached to establish an unbroken chain of ownership. Each assignment or other writing evidencing transfer of ownership must contain at least the last four digits of the original account number of the debt purchased and must clearly show the debtor’s name associated with that account number.

MOTIONS TO COMPEL DISCOVERY: the moving party must certify regarding good faith efforts to reach an agreement before applying to the Court for relief.

Copy/paste the directive into your search engine b/c I can't post links and it's a PDF on the Courts website. Most of the work is done for you with this Directive but many lawyers don't know about it and if they are, they are ignoring it and filing cases the old way - without proof of anything. Plus, the Court is now considering scheduling trials 12 weeks after the respondent's filing. Hope this helps! xdancex

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  • 1 month later...

considering credit cards based out of delaware with the agreement saying "This agreement and your account will be governed by federal law, as well as the law of Delaware, and will apply no matter where you live or use this account"

isnt this a win for consumers in all states since they would have to use delaware law?

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  • 8 months later...

"2) a copy of the assignment" sounds good but they may allow the affidavit of sale as " or other documentary evidence establishing that the plaintiff/creditor is the owner of the debt". The problem I have found with Delaware is that all case law I have found has allowed the affidavit of Christina Paperman to be admitted as evidence even when it is deemed as hearsay. Delaware judges are allowing it under the business exception to hearsay.

Does anyone have any case law from Delaware showing where the affidavit was dismissed or stricken?

One more point. In the affidavit from Paperman, she attests "upon review of Chases records, which are made at or near the time of the occurences set forth therein by, or from information transmitted by, a person having knowledge of those matters, and kept in the ordinary course of Chase's business, had a credit card with Chase, account number xxxx-xxxx-xxxx-____. The account was sold and transferred to Midland Funding, LLC, on or about [date of sale]."

Question 1. If she reviewed records that were entered by someone else, can she attest to their accuracy or validity? Does that automatically make it hearsay or is this valid in the State of Delaware?

Question 2. In the statement "which are made at or near the time of the occurrences set forth therein by, or from information transmitted by, a person having knowledge of those matters", shouldn't she know which of those two options it was if she is attesting to them? I know it must be one or the other but her affidavit should specify which one it was if she was truly familiar with it, correct? It seems like that statement make this affidavit seem generic and "cookie cutter" like a "fill-in-the-blanks" and not created specifically for my case. How do I fight that?

She is the Attorney-in-Fact on behalf of Chase. She makes no mention of being over 18, competent nor does she state who she actually works for. It is on Chase letterhead.

Any help would be greatly appreciated.

Flyerfan

Edited by Flyerfan
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Hear is a good Delaware case where the affidavit was deemed inadmissible. This combined with Directive 2012-2 will help a lot of people.

"Delaware Acceptance Corp v. Swain," a 2012 case from the Del. Court of Common Pleas discussing Rule 803(6) of the Del.Rules of Evidence.

Good luck everybody!

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