Court date 1 week away - Help!

[jg2933]

A bit of background on the situation: My husband is being sued by Midland about a Chase account. Judge requested all the documents to be provided to us and the lawyer for Midland sent us the following:

1. Lots of credit card statements with husband's name and address on it

2. Affidavit of sale from Chase employee

3. Bill of sale

Neither the affidavit nor the bill of sale reference this account or my husband by name. They are the generic "bundle of accounts". The statements are a lot more incriminating, of course.

I've heard that as soon as you admit the debt is yours, you lose your case. What should we do? Should we argue that Midland hasn't provided adequate proof that they own the rights to this account which may or may not be my husband's? I'm not sure if we can deny it's his in light of all the statements.

We weren't able to file Motions to dismiss the evidence above. Can we still argue them as inadmissible at the time of the trial?

Please help!

[chiquita55]

You need to deny the debt. They have no proof the debt is his. tell the court you have no recollection of this debt or the statements. the statements are heresay unless someone from the original creditor shows up to verify they are real. Hopefully someone be along to help more. Didnt' you have to answer this lawsuit at the very beginning? there is a whole thread on midland here and how to win over them. check it out.

[VLDCA]

A bit of background on the situation: My husband is being sued by Midland about a Chase account. Judge requested all the documents to be provided to us and the lawyer for Midland sent us the following:

1. Lots of credit card statements with husband's name and address on it

2. Affidavit of sale from Chase employee

3. Bill of sale

Neither the affidavit nor the bill of sale reference this account or my husband by name. They are the generic "bundle of accounts". The statements are a lot more incriminating, of course.

I've heard that as soon as you admit the debt is yours, you lose your case. What should we do? Should we argue that Midland hasn't provided adequate proof that they own the rights to this account which may or may not be my husband's? I'm not sure if we can deny it's his in light of all the statements.

We weren't able to file Motions to dismiss the evidence above. Can we still argue them as inadmissible at the time of the trial?

Please help!

I just had my trial & I was able to Kept out of evidence the BOS affidavit w/ my name, account # & amount on it (lack foundation, hearsay & back it up w/ caselaw Elkins v Superior Court: I'm in CA) I was able to keep out the Statements w/ my name & address on them & account # (hearsay, no one to authenticate & for my caselaw used 2005 case of Vee Vinhee vs American Express & Best Evidence rule)

now my BOS was let in the judge did feel like it was now their documents now. Bizarre b/c the notarized BOS affidavit had more info on it & he found it lacked foundation. I also was able to keep out the CC agreements.

I would find caselaw to back up your objections. It really shows the judge your are serious & you did your homework. I know that's what helped me.

[Coltfan1972]

Argue lack of standing and make the issue if the account is yours or if you have any liability for the account moot.

[legaleagle]

Neither the affidavit nor the bill of sale reference this account or my husband by name.

Give me your name and address, and I will print out twenty contracts that state you owe me ten million dollars, your house, your car, and your dog. Those would be about as good as that bill of sale. How about I come to your door with bill of sale that says I just bought your house? Are you going to move out and give me the keys? You're on the right track. These dudes can never prove ownership, they won't pay for the paperwork. It doesn't fit their business model of intimidation and fear. If the OC thought they could score, why would they sell your account off for five cents on the dollar?