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Court date is one week away -- need advice if not too late

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I was served for an old credit card account with Chase by Equable Asset Financial LLC. The amount was $2,300.

I answered the complaint, denying the claim based upon no validity of the debt, no basis for claim, failure of consideration, Lack of Privity, lack of assignment.

A pretrial hearing was set. The sock puppet attorney was not authorized to settle, so a court date was set. I requested in the pretrial hearing for plaintiff to provide statements, original contracts, and proof of assignment.

Disclosure date was the 10th of January and I received:

1. Name of witness from Equable that would testify to the validity of the debt.

2. My name on the witness list.

3. Generic cardmember agreement (no name or account number)

4. Bill of sale from Chase to Hilco Receivables LLC detailing the purchase of 30,608 accounts. Through my own research, I think that Hilco Receivables became Equable Ascent sometime last year, but no documentation of the name change or merger exists in discovery documents. The bill of sale is not notarized and there is NOT an affidavit from Chase, except to affie that documents are available - such as statements reflecting Unpaid balance, as of file creation date, and applications. NO STATEMENTS, RECEIPTS, LOAN APPLICATIONS IN THE FILING OR IN DISCLOSURE.

I received the copy of the disclosure today and the court date is next Tuesday the 24th.

Today, I filed a motion to strike the witnesses and the exhibits. Here is the body text:

Comes now the Defendant , and files this Request to Strike Witnesses and Exhibits as follows:

1. Plaintiffs attorney filed Disclosure of a list of Witnesses and Exhibits on January 10, 2012.

2. Exhibit 1 is a generic Chase card member agreement.

The Defendants name does not appear on the Card Member agreement. The alleged account number does not appear on the Card member Agreement. The Plaintiff has failed to produce any evidence linking the generic Card Member Agreement to the alleged account, nor to the Defendant. Defendant requests the Court strike the Card Member Agreement from the claim.

3. Exhibit 2 is a Bill of Sale between Chase Bank and Hilco Receivables, LLC.

The Bill of Sale details a sale of 30,608 accounts from Chase Bank to Hilco Receivables, LCC on February 8, 2011.

The Bill of Sale does not validate the transfer or assignment of the alleged account number cited in the claim.

The Bill of Sale does not validate the existence of any alleged account, or transfer of alleged account in the name of the Defendant.

The Bill of Sale does not validate an assignment of any accounts to Equable Ascent LLC, but only to Hilco Receivables, LLC.

The Plaintiff has failed to provide any documented evidence linking the Bill of Sale to the alleged account, or to the Defendant.

The Plaintiff has failed to provide any documented evidence of the assignment of the alleged account to Equable Ascent LLC and therefore, Defendant requests the Court strike the Bill of Sale from the claim.

4. A representative of Equable Ascent Financial LLC, Jeff Hasenmiller, is listed as a witness for the Plaintiff.

Plaintiff has failed to establish any relationship or assignment between Chase Bank and Equable Ascent LLC. Plaintiff's witness, Jeff Hasenmiller, lacks sufficient personal knowledge to testify to the validity or the assignment of the claim. Any testimony by Jeff Hasenmiller or any representative of Equable Ascent LLC would be hearsay. Defendant requests the Court strike Jeff Hassenmiller or any representative of Equable Ascent LLC from the witness list.

Defendant's Request submitted this 17th day of January, 2011.

I then also filed a motion to Dismiss with prejudice:

Comes now the Defendant, and files this Request to Dismiss, with Prejudice, as follows:

1. The Causes of Action specified in the complaint filed by the Plaintiff is insufficient as a matter of law.

The complaint does not set forth the true facts upon which Plaintiff seeks relief. No documentary evidence was filed with complaint providing validation of alleged debt or reassignment of debt.

2. Pretrial conference was held on November 17th with attorney for Plaintiff, Randall W. B. Purvis, and the Defendant. Defendant denied the claim and requested from the Plaintiff debt validation in the form of signed credit agreement, credit card statements, and re-assignment of the debt to Plaintiff.

3. Plaintiffs attorney filed disclosure on January 10, 2012. Two documents and one witness have been filed with the Court.

Exhibit 1, the generic card member agreement, fails to link the defendant to the alleged debt, nor the alleged account to the generic card member agreement.

Exhibit 2, the Bill of Sale between Chase and Hilco Receivables, LLC fails to validate the transfer of the alleged account to Equable Ascent LLC. Further, the Bill of Sale contains no language, description, account number or name that would validate the existence of the alleged account or the Defendant to the Bill of Sale.

Plaintiff has failed to provide any documented relationship between the Plaintiff and the Defendant, nor between the Plaintiff and the alleged original creditor, Chase Bank. Further, Plaintiff has failed to provide any evidence of the mere existence of a debt owed by the Defendant. (FDCPA Section 809. Validation of debts [15 USC 1692g])

4. The Plaintiff has failed to disclose any documented validation of the alleged debt, or of a relationship between themselves and the alleged original creditor, Chase Bank, specifically the authority of the Plaintiff to collect the debt on behalf of the original creditor, or the reassignment of the debt to the Plaintiff. (Fields v. Wilber Law Firm, P.C., et al., U.S. App. Ct. 7th Dist., 2004)

6. Telephone testimony by any employee or representative of Plaintiff is hearsay, as Plaintiff has failed to provide documented legal foundation of the validity of the alleged debt or documented validity of Plaintiff's standing to seek relief from alleged debt.

7. The Plaintiff has failed to provide the Court any validation of the the debt in the form of statements, receipts, invoices, or signed credit agreement. Without documented legal foundation, the claim is frivolous and has resulted in loss of salary and court fees to respond and appear and defend against this reckless action.

WHEREFORE, Defendant respectfully requests the Court dismiss and deny the Plaintiff's complaint, filed herein and prays for Dismissal with Prejudice of the complaint by the Plaintiff. Defendant also respectfully requests the Court to award reimbursement of court costs and reasonable compensation for salary lost to appear in person to defend the frivolous claim in the amount of $397.68 as well as any punitive damages the court see fit to award for the bringing of this frivolous suit.

Defendant's Request submitted this 17th day of January, 2011.

These have been filed, so no turning back.

I think that since the burden is on them to prove the debt, that they are dead in the water at court. All they have is a generic cardmember agreement and a bill of sale for 38,000 accounts. My name and the alleged account number do not appear on any document submitted.

Since the representative from Equable will have no first-hand knowledge of the debt, I should be able to get his testimony thrown out as hearsay.

Since there is no record of assignment of the specific account to Hilco (or Equable), that should be inadmissible as well.

The generic cardmember agreement is generic and not relative to anything presented so I should be able to get that thrown out.

I can't seen to find any Colorado Case law to support these motions, but there is plenty in other states. Can I use those as legal precedent?

And Lastly - Am I off my rocker or do these guys have NOTHING.

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The upcoming court date can really bring fourth anxiety. The more you think about it, the more you get anxious. So, I guess to support you, there is just one thing i would like to share as advice for you, stay relax and focused. Do not let the court gets into your way, and there is only one way you can do this, to be prepared on the exact date. chillax! you can get through it!

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Thanks for the responses. Yes, I am stressed, but I will spend a good part of the weekend preparing for the trial.

I am actually astounded that they haven't moved for dismissal, because there is nothing - NOTHING with my name on it to prove I owe anybody anything. No credit card statements, no application, no affidavit from Chase - nothing.

With these two documents and hearsay testimony, they would be able to sue anyone, anywhere.

That will be my argument with the judge. "Your honor, if these two documents are sufficient to establish the validity of this alleged debt, then it is entirely possible that using these exact same two documents, the Plaintiffs could successfully sue every person in the state of Colorado without ever having to prove that a debt ever existed."

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The bills of sale don't establish a chain of sale for the alleged account (the issue of standing)

Since they have no case look out for dismissal without prejudice.

prep cross examination questions related to standing and personal knowlege.

make motions in the trial move to strike the testimony and look up objections ie hearsay, leading question, calls for conclusion, lacks personal knowledge, improper authentication,

look into the trial questions asked by plaintiff's to pro pers in debt collections cases.

In mine the asked 5

Did you have a credit card with providian?

is your address<the address most likely on billing statements>

do you get the mail at your house?

does anybody other than you open the mail.

could your wife have opened the mail without you knowing? answer Absolutely not!

could your wife have.... Court: asked and answered councelor move on.

that was it.

Vldca had a quite different experience but I will let her tell about that.

So getting ready for trial prepare a trial brief, These I am afraid are necessary for a pro per, to one preserve objections, two raise the issues judges and lawyers like to lead pro pers away from the real issues, and three to provide a guide for you in court.

These are the prep things you can do. Make sure you send the trial brief to the other side and if you haven't subpoenaed the witness do so tomorrow.

You seem to have your plan pretty good but look for good cases in your state for the issues of standing, evidence foundation, computer records foundation, and any bad things they have done to show unclean hands.

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The bills of sale don't establish a chain of sale for the alleged account (the issue of standing)

Since they have no case look out for dismissal without prejudice.

prep cross examination questions related to standing and personal knowlege.

make motions in the trial move to strike the testimony and look up objections ie hearsay, leading question, calls for conclusion, lacks personal knowledge, improper authentication,

look into the trial questions asked by plaintiff's to pro pers in debt collections cases.

In mine the asked 5

Did you have a credit card with providian?

is your address<the address most likely on billing statements>

do you get the mail at your house?

does anybody other than you open the mail.

could your wife have opened the mail without you knowing? answer Absolutely not!

could your wife have.... Court: asked and answered councelor move on.

that was it.

Vldca had a quite different experience but I will let her tell about that.

So getting ready for trial prepare a trial brief, These I am afraid are necessary for a pro per, to one preserve objections, two raise the issues judges and lawyers like to lead pro pers away from the real issues, and three to provide a guide for you in court.

These are the prep things you can do. Make sure you send the trial brief to the other side and if you haven't subpoenaed the witness do so tomorrow.

You seem to have your plan pretty good but look for good cases in your state for the issues of standing, evidence foundation, computer records foundation, and any bad things they have done to show unclean hands.

Are there any samples of trial briefs on these forums? I've looked all over Google scholar, but can't find Colorado Case law on these issues.

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you would have to substitute colo evidence objections and colo caselaw for the stuff but the issues are the same.

here is the trial questions post:

http://www.creditinfocenter.com/forums/there-lawyer-house/305925-cross-examine-affiant-what-questions-would-you-ask.html

Here is my first trial brief post.

http://www.creditinfocenter.com/forums/1121026-post40.html

This is Chiquitas trial brief attached

look up your circuit court rulings also.

and a good friend told me when you are stressed hold your tongue tip to your soft pallet it will clear your mind of stress and fear so it will work(kinda a reset button for the brain) don't ask me how it works it just does everyone try it it really does.

so there you are any other help needed just ask.

Edited by Seadragon

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This information is awesome thanks for sharing! I am going to court next week too and I'll be using the same deffense as you..well done..GOOD LUCK!

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If I were you, and what I did in my case, is get that trial brief to the judge and to the other side a few days before trial. They may dismiss it before trial. Do you have any trial readiness conferences there? I submitted my brief a few days before the trial readiness conference which was on a Friday and Monday was my trial. On Friday they dismissed my case after getting the brief. Good luck to you! PS: Seadragon posted a copy of the trial brief here which was redacted.

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If I were you, and what I did in my case, is get that trial brief to the judge and to the other side a few days before trial. They may dismiss it before trial. Do you have any trial readiness conferences there? I submitted my brief a few days before the trial readiness conference which was on a Friday and Monday was my trial. On Friday they dismissed my case after getting the brief. Good luck to you! PS: Seadragon posted a copy of the trial brief here which was redacted.

OMG! I have no clue what I am doing..I have nothing...I 've sent request for proof from plaintiff they haven't responded yet...my defense is lack of standing and hopefuly they'll have no proof that they legaly own acct in question...I also amended my answer because I self incriminated myself with my initial answer ...I just answered in rush without any understanding what I am putting down.... hopefully it will be accepted by the judge...I have court next fri. and it's in nj not ca..as for trial brief I have no idea what that means.:? they also requested adjournment(which from what i read here in the forums)meaning they want to postpone to a later date...the more i read the more worried and confused i get...I hope and pray they don't show up in court!

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If I were you, and what I did in my case, is get that trial brief to the judge and to the other side a few days before trial. They may dismiss it before trial. Do you have any trial readiness conferences there? I submitted my brief a few days before the trial readiness conference which was on a Friday and Monday was my trial. On Friday they dismissed my case after getting the brief. Good luck to you! PS: Seadragon posted a copy of the trial brief here which was redacted.

The problem with getting it dismissed is that I want it dismissed with prejudice. I don't want to do this again.

Since I will likely be dealing the sock puppet attorney again, I am banking on him not being well prepared.

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Since I'm working on impeaching their witness, I've put together a draft list of questions and would like some input.

Cross exam questions

Debtor’s counsel (“DC”): Who do you work for?

Plaintiff’s witness (“PW”): ABC Debt purchasing company.

DC: What is your position?

PW: States position

DC: How long have you worked for Equable Ascent Financial, LLC?

PW: States how long.

DC: How much did you purchase this debt for?

PW: $300.

DC: According to your complaint, you state that the Defendant owes you $2,382.52

Is that true?

PW: Yes.

DC: Because your company purchased the debt, it did not originate this debt, did it?

PW: No.

DC: Have you ever worked Chase Bank?

PW: NO.

DC: Do you have personal knowledge of Chase's business practices or billing procedures?

PW: NO.

DC: What was the original date the alleged account was opened?

PW: Gives date or doesn't know.

DC: What was the date of the default declaration for the alleged account?

PW: Gives date, or doesn't know.

DC: Do you have any personal knowledge to show that the Defendant incurred this alleged $2,382.52 debt?

PW: No.

DC: Do you have any signed credit card statements to show that the Defendant incurred this debt?

PW: No. or could be requested.

DC: Do you have any signed agreement between the original creditor and the Defendant to show that the Defendant agreed to pay these charges?

PW: No.

DC: Do you have any signed credit application between the original creditor and the defendant to show the defendant opened an account.

PW: NO.

DC: Do you have a record of purchases and payments between the defendant and the original creditor?

PW: NO.

DC: Do you have a breakdown between principal and interest as to how you arrive at the $2,382.52 balance?

PW: No.

DC: Do you have any proof at all to show that the defendant incurred these charges other than what someone may have told you?

PW: No.

DC: I'd like to draw your attention to the Bill of Sale, marked Exhibit 2. According to this document, Hilco Receivables LLC purchased 38,062 accounts from Chase Bank, correct?

PW: Yes.

DC: You have testified that you work for Equable Ascent Financial LLC, correct?

PW: YES.

DC: Are you in possession of any proof of transaction between Hilco Receivables LLC and Equable Ascent Financial , LLC reassigning this debt?

PW: Equable Ascent used to be called Hilco Receivables, LLC. They are the same company.

DC: If you were attempting to collect a debt, and the debtor changed his name after the assignment of the debt, would you provide evidence to prove that the debtor with two names is in fact one and the same?

PW: Yes (Probably will be objected to as calling for conclusion) Response goes to validation of the debt.

DC: Do you have any documentation proving that Hilco Receivables, LLC and Equable Ascent Financial, LLC are in fact, one and the same?

PW: I can provide the documents.

DC: No documents have been provided to the court to prove that Hilco and Equable are in fact one and the same, correct?

PW: Correct.

DC: Looking at the Bill of Sale, does the Defendants name appear anywhere on the document?

PW: NO

DC: Looking at the Bill of of Sale, does the alleged account number appear anywhere on the document?

PW: NO.

DC: Looking at the Bill of Sale, is there any other identifying information to prove that the alleged account was transferred in this sale to Hilco Receivables?

PW: No. But there is an Exhibit listing the name and account number.

DC: Has any documentation or exhibit to support this claim been provided to the court that would prove that any account held by the Defendant was ever sold to Hilco Receivables?

PW: NO.

DC: I'd like to draw your attention to exhibit 1, the Cardmember Agreement. Reviewing the document, does the Defendants name appear anywhere on the document?

PW: NO.

DC: Does the alleged account number appear anywhere on the document?

PW: NO.

DC: Is there any other identifying language or mark that would link this generic cardmember agreement to the alleged account?

PW: NO.

DC: Is there any other identifying language or mark that would link this generic cardmember agreement to the Defendant?

PW: No.

DC: In fact no documentary evidence has been submitted to the court to link this cardmember agreement to the defendant nor the alleged account, correct?

PW: Correct.

DC: Prior to your testimony today, did you review any documents or records to refresh your memory of the the facts of this claim?

PW: Yes

DC: What documents did you review?

PW: Gives list.

DC: During your testimony today, did you review any documents or records to refresh your memory of the the facts of this claim?

DC: What documents did you review?

PW: Gives list.

DC: So, to recap, you are testifying that you have no personal knowledge of the alleged debt, no documents to support it, no proof that the defendant even incurred these charges and no accounting as to how you arrive at that number, right?

First Motion (If testifies that other documents were reviewed):

Your honor, witness has testified that he reviewed writings and records not in evidence prior to, and during his testimony. Under Colorado Rules of Evidence , specifically rule 612 – Writing used to refresh memory - If a witness uses a writing to refresh his memory for the purpose of testifying, either -

(1) while testifying, or

(2) before testifying, if

an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. Being that no such writings have been produced, I move that this witness' testimony be struck from the record.

Second motion:

Your honor, Witness has testified that they have no first hand knowledge of the validity of the original debt. In the absence of an affidavit or testimony of the original creditor to validate the existence of the debt and its assignment to Plaintiff, any testimony from the witness to the validity of the debt, or to the validity of the submitted exhibits is hearsay and thus inadmissable under Rule 802 Hearsay Evidence.

Anticipate Objection by PC that exception is allowed for business practice.

Rebuttal: Your honor, Witness has already testified that he has no direct knowledge of the business practices and billing and collection practices of Chase Bank. Allowing testimony with no direct knowledge of Chase business and accounting practices constitutes hearsay within hearsay according Colorado Rule 805 – and requires each part of the testimony conform to exceptions under Rule 803. Since no evidence has been presented confirming first-hand knowledge of the original validity of the alleged debt, it must be ruled hearsay and absent that validation, all testimony from this witness would be Hearsay.

Edited by First Timer

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Any feedback on the questions? Anything that I am missing? There is a rule of evidence where a part of a document is missing that I can at trial request completion of the document. In this case, the Bill of Sale is missing the Exhibit which has the list of accounts that they purchased. However, not having this hurts THEIR case, so I think I would be stupid to open the door and let it in after disclosure deadline has passed, right?

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I hope anyone is still reading. I have a question:

In the motion that I filed to strike and dismiss two days ago, I failed to cite Evidence rules to support the motions. When I ask the judge to rule on my motions, can I also ask to support the motions with oral argument and present the rules and case law at that time?

Edited by First Timer

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You're dreaming if you think you're going to get the responses you wrote. The JDB lawyer is going to be sitting there and if it was me, God forbid, here is how I would respond to some of these questions:

DC: How much did you purchase this debt for?

Objection. Confidential and immaterial to the matter at hand, which is whether or not the defendant is indebted to the plaintiff for the amount sought.

DC: According to your complaint, you state that the Defendant owes you $2,382.52

Is that true?

Objection. Unnecessary and improper. The complaint clearly states the amount sought. Additionally, the witness did not file the complaint, the plaintiff did.

DC: Because your company purchased the debt, it did not originate this debt, did it?

Objection. Improper and argumentative. The complaint clearly states who the plaintiff is and who the debt was purchased from. No such claim of origination was made.

What was the original date the alleged account was opened?

Objection, immaterial to account stated or any such collection activity.

DC: Do you have any personal knowledge to show that the Defendant incurred this alleged $2,382.52 debt?

I have reviewed the documentation provided by the original creditor and am testifying accordingly. Defendant has not disputed the debt and has provided any evidence to impeach the records of the original creditor. His questions would be best addressed to them.

DC: Do you have any proof at all to show that the defendant incurred these charges other than what someone may have told you?

Yes, the records and statements provided establishing the account, payments made, and an unpaid balance have not been impeached by the defendant other than a general denial based upon unsupported, unproven contentions. Additionally, documentation provided by the OC does not constitue "somebody told you."

DC: Do you have personal knowledge of Chase's business practices or billing procedures

Objection. Chase is not a party to this action. Their business practices are not on trial here. Billing procedures are ceratinly available to the defendant should he decide to properly conduct discovery, which he has not done. That aside, mnonthly statements were mailed to defendant, and he reatined them for an unresonable amount of time without dispute, establishing a prima facie case for account stated.

DC: Do you have any signed credit card statements to show that the Defendant incurred this debt?

Credit card statements are not signed. They are mailed ot the consumer on a monthly basis.

DC: I'd like to draw your attention to the Bill of Sale, marked Exhibit 2. According to this document, Hilco Receivables LLC purchased 38,062 accounts from Chase Bank, correct?

Objection, immaterial. The manner in which plaintiff purchases accounts or the number of accounts purchased has no bearing on the instant action.

DC: Has any documentation or exhibit to support this claim been provided to the court that would prove that any account held by the Defendant was ever sold to Hilco Receivables?

Documentation supporting the sale of the account has been provided. Said documentation has not been defeated by the defendant. If any additional documentation is required, it should have been requested in discovery, which was not done.

Is there any other identifying language or mark that would link this generic cardmember agreement to the alleged account?

Specific, signed individual contracts between issuers and consumers are not required by law, nor are they executed. When a consumer applies for a card and receives same, the cardholder agreement is attached thereto.

Edited by legaleagle

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Thank you SO MUCH. There are some of these that I will delete because you have rightly pointed out the problems with them, but I had planned for some objections and you are helping me to learn how they may be objected to and decide if I still want to use them. Just because they object, it doesn't mean the objection will be sustained if I have a good foundation for the questions and rebuttal to the objections. The bolded and underlined below are rebuttal to your responses/objections (after deleting the indefensible questions).

You're dreaming if you think you're going to get the responses you wrote. The JDB lawyer is going to be sitting there and if it was me, God forbid, here is how I would respond to some of these questions:

DC: According to the complaint, the amount owed on the alleged account is $2,382.52, correct?

Is that true?

Objection. Unnecessary and improper. The complaint clearly states the amount sought. Additionally, the witness did not file the complaint, the plaintiff did.

Goes to personal knowledge, your honor. According to Colorado Evidence Rule 902, a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself. I would like this witness to prove his personal knowledge of the alleged account.

DC: Because your company purchased the debt, it did not originate this debt, did it?

Objection. Improper and argumentative. The complaint clearly states who the plaintiff is and who the debt was purchased from. No such claim of origination was made.

So Plaintiff's counsel concedes that JDB was not the originator of the debt?

What was the original date the alleged account was opened?

Objection, immaterial to account stated or any such collection activity.

Again, goes to to Personal Knowledge, your honor.

DC: Do you have any personal knowledge to show that the Defendant incurred this alleged $2,382.52 debt?

I have reviewed the documentation provided by the original creditor and am testifying accordingly. Defendant has not disputed the debt and has provided any evidence to impeach the records of the original creditor. His questions would be best addressed to them.

Move to strike your honor. Statement as to the disputing of the debt assumes facts not in evidence.

DC: Do you have any proof at all to show that the defendant incurred these charges other than what someone may have told you?

Yes, the records and statements provided establishing the account, payments made, and an unpaid balance have not been impeached by the defendant other than a general denial based upon unsupported, unproven contentions. Additionally, documentation provided by the OC does not constitue "somebody told you."

Move to Strike your honor. Goes to facts not in evidence and hearsay. No statements or records from Chase other than the alleged generic cardmember agreement have been entered as evidence. Any testimony about documents not in evidence unless executed personally by this witness would be hearsay.

DC: Do you have personal knowledge of Chase's business practices or billing procedures

Objection. Chase is not a party to this action. Their business practices are not on trial here. Billing procedures are ceratinly available to the defendant should he decide to properly conduct discovery, which he has not done. That aside, mnonthly statements were mailed to defendant, and he reatined them for an unresonable amount of time without dispute, establishing a prima facie case for account stated.

Your honor, Plaintiff's attorney is is improperly testifying on facts not in evidence. Billing statements and records of billing were requested in Discovery and no such statements or records were submitted to the defense. Additionally under Colorado Rules of Civil Procedure, Plaintiff must produce all records and documentation as if it had been requested, whether or not it was requested. In order to establish a claim under account stated, plaintiff must show an accounting between the parties, a balance struck, and an agreement to pay the agreed upon amount. Since no documentation to support account stated has been entered into evidence, no claim for account stated exists.

As to the objection, is Counsel willing to concede that this witness has no personal knowledge of the validity of the alleged Chase billing statements and other records that have not been entered into evidence?

DC: I'd like to draw your attention to the Bill of Sale, marked Exhibit 2. According to this document, Hilco Receivables LLC purchased 38,062 accounts from Chase Bank, correct?

Objection, immaterial. The manner in which plaintiff purchases accounts or the number of accounts purchased has no bearing on the instant action.

Goes to Relevance and Personal Knowledge your honor. Plaintiff has entered this exhibit into evidence. Plaintiff stated this witness would testify as to the authenticity and validity of all exhibits, business practices of the Plaintiff and any matter raised as a factual or legal defense, or for rebuttal. Defendant has the right to impeach the witness and to impeach the submitted evidence.

DC: Has any documentation or exhibit to support this claim been provided to the court that would prove that any account held by the Defendant was ever sold to Hilco Receivables?

Documentation supporting the sale of the account has been provided. Said documentation has not been defeated by the defendant. If any additional documentation is required, it should have been requested in discovery, which was not done.

I see only two exhibits and neither document supports your claim that this alleged account was one of the 38,000+ sold to Hilco. Please tell the court what document you are referring to that supports your claim that the alleged account was sold as one of the 38,062 accounts?

Is there any other identifying language or mark that would link this generic cardmember agreement to the alleged account?

Specific, signed individual contracts between issuers and consumers are not required by law, nor are they executed. When a consumer applies for a card and receives same, the cardholder agreement is attached thereto.

Move to strike your honor. Hearsay. Witness has already testified that he has no personal knowledge of the billing and business practices of Chase.

So, please answer the question. Is there any mark or identifying language on this exhibit or is there an affidavit from the Original creditor that would attach the generic cardmember agreement to the alleged account or to the Defendant?

In my trial there are only two pieces of evidence - a generic cardmember agreement and a bill of sale with no supporting document to show accounts transferred. The witness as per the disclosure will testify on any matter raised as factual or legal defense.

I actually do want them to admit they are referring to documents not in evidence, because I can get the entire testimony struck due to Colorado Evidence rules regarding testimony and writings used to refresh memory -

"If a writing is not produced or delivered pursuant to order under this rule, the court shall make any order justice requires, ..., the order shall be one striking the testimony"

Edited by First Timer

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any updates on this one?

Drummer55,

The finale to this masterpiece is in this thread here:

http://www.creditinfocenter.com/forums/there-lawyer-house/311682-they-quit-dismissed-prejudice.html

It was Dismissed with Prejudice. Thank G*d, as I'm currently prepping a trial with Equable myself. The OP here kicked some serious a$$...

Edited by RockDaddy

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