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Need HELP in a big way, MSJ coming, plz


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Hi all, first of all, great forum and lots of help here as well as OVERWHELMING amount of information, but that's a good thing.

I have already used info from here to answer the Complaint and send a Request for Production of documents for one of the lawsuits, after which it was voluntarily dismissed8-) that was against Portfolio Recovery, however this case i am dealing with right now seems to be much more complicated than I was ever expected and I feel like I am well in over my head on this one and don't know what to do. It has been dragging since August and they finally sent me MSJ, no hearing set yet (I will get the hearing, right?!) but I feel it's coming very soon.

Anyway, I have posted in a few threads here and there, but wanted to post all the info in one, so you, EXPERTS:)++ have all the info.

This case is from known JDB Velocity Investments. Started off with usual Summons and complaint, that I have answered (answer and affirmative defenses attached). They have also submitted Affidavit from OC employee (attached), that I have covered in my ROGs to JDB (attached).

Unfortunately the ROGs were shut down by their motion for protective order due to number of questions:oops:. I lost the hearing, but the Judge said I can resend them, or just trim them to the amount allowed by Rules of Civil procedures. The reason I sent ROGs was to discredit Affiant and possibly strike that affidavit from evidence.

I have also sent my Request for Production to JDB. They have filed copies of the CC statements (they looked like scanned and faxed copies) TOGETHER with the very bad copy of original CC application with my signature, rates and Completion Order (this CC was opened for a all-house water filtration system). All private information on the application, rate summary page and Completion Order form is blacked out, I don't know if the OC blacked it out purmanently before selling to JDB and now they do not have that info, or it was blacked out later and they DO have the originals. They do bear signature, that looks like mine:roll:, and my name, but no SS# or Account#.

Non of the copies they submitted are notarized, so there is a question of their proper authentication, but I guess that is why they submitted Affidavit from OC, that I was trying to attack, since it does not say that the guy is custodian of records for OC.

Their answers to RFP were usual (attached): vague, too burdensome and so on, except in parts were they show that I have copies of CC statements. They DID NOT produce the Bill of Sale with my account and name, or any Bill of Sale, it is just mentioned in Affidavit from OC.

They also submitted Affidavit from JDB custodian of records in support to MSJ.

So right now I am in panic mode, as I don't know what to do, here is my thoughts on the matter:

1. Need to deal with MSJ first to buy more time. How?

2. Still need to send ROGs to rip apart the Affidavit from OC. How?

3.Can I attack authenticity of CC application and CC statements? they sent a lot of statements, but missing the first 7 months, including the first one, showing the date of purchase, but it is on the CC application and Completion Order, that shows that the goods were exchanged?

4. Is my only chance to defeat this MSJ and lawsuit to show that they lack standing to sue, if they cannot produce the Bill of Sale with my name and account on it? I saw case law about it somewhere.

Please, Please, Please help me out. I kind of feel intimidated by the evidence they submitted, however feel that it only LOOKS like it is unbeatable, but don't know how to point the flaws that I discussed above to the Judge and win this one.

Let me know if you need any additional info to be attached.

Thank you in advance:?:?:?

Answers to Complant.txt

ROGs for forum.txt


Req for Production.txt

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A lot of these links won't open, it's a real pain to jump back and forth. You should have typed it like everybody else, you'd get more help. You need to file an objection to the MSJ. Check to see it it requires a memo of law. You need to defeat any one of the arguments in their motion and prove that there are material issues in dispute. The legitemacy of the assignment is important. If they can't prove that, they can't even sue you.

Rogs would be too involved to attack the affidavit, sounds like you have a limit there. You'll be attacking it in the objection, that should suffice. It's theirs to prove, not yours to disprove. There is a lot of info on site about affidavits. The best thing to look at is the Code for Floida, look under evidence and authentication of business records.

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I tried to open the links from the work PC, they all open, but I will type them too, thank you for the tip.

They never produce the Bill of Sale and/or assignment, that I asked in my Req for Production, so should I file a Motion to Compel and set hearing before their MSJ hearing? I have a case law to show that it is crucial to the case, that if they don't have my name and account number listed in teh Bill of Sale/assignment, they can't sue due to Lack of Standing. Is that's why they filed Affidavit from some OC employee?

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That's it, the affidavit from the OC purports to estabish the legitemacy of the documents attached to it. My strategy is to not pursue these people for documents. You give them one chance, they fail, you stop. If they try to introduce these at trial you object because they weren't provided in a timely manner which would allow to to evaluate them. Check your rules under discovery, some states require you to pursue this. I always say, never compel somebody to produce documents that will defeat you in court.

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