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Please Review Grounds of Defense

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I am being sued by JDB in Virginia, GDC. Discovery is not permitted (similiar to small claims court rules). I am posting everything I have received so far. I have read and studied this board for months, but seem to have trouble applying everything to my case. My "game plan" is to object to all the evidence as hearsay, then use lack of standing as a defense. Although, I don't want to claim it as an affirmative defense.

Bill of Particulars

Comes now the plaintiff, VA JDB, assignee of Chase Bank for its Bill of Particulars does state the following:

1. That Chase Bank, assignor of Plaintiff, did provide credit services to defendant, ME, requested by defendant on or about 2000 via account # , and pursuant to the statement of account as marked “Exhibit A” and attached and made part thereof.

2. That said credit services were accepted by the Defendant as evidenced by the activation, use, and payment of said credit card account.

3. That Chase provided said services to the Defendant and Defendant accepted these services without complaint.

4. That the last payment on the account was received on or about June xx 2009.

5. That monthly statements were sent to the Defendant at (my address) and are attached as “Exhibit B”

6. That the above account was charged off for non-payment on or about Jan xx 2010.

7. That Plaintiff, VA JDB, purchased said account on or about Sept 2011.

8. That Plaintiff has made demand for payment to Defendant and as of this date, there is a balance owing of $3500 pursuant to the affidavit marked “Exhibit C” heretofore attached and made part thereof.

9. That all demands for payment of this balance have been ignored and/or refused.

10. That the Plaintiff reserves the right to supplement their BOP.

Wherefore, the Plaintiff asks for judgment in the amount of $3500..blah blah

Signed by attorney for Plaintiff

“Exhibit A”

Statement of Account

Account Holder: ME

Type of service: credit card

Assignee: Va Jdb

Assignor: Chase

Claim amount: $3500

That’s it …no signature..

“Exhibit B”

Chase statements from Sept 2008 to Feb 2010

States at bottom of all “This is a facsimile-not an original”

Also attached is a Cardmember agreement from 2009

Not marked as exhibits but also included are Bill of Sale from Chase to another JDB, just a signed statement that they sold 10846 accounts, amounts paid are blacked out.

Then a Bill of Sale from that JDB to the current VA JDB, no listing of account numbers or names.

“Exhibit C”

Va JDB affidavit

1. I am officer of Va JDB which conducts business in Virginia.

2. I am an authorized representative and a custodian of records for Va JDB and in that capacity I am authorized to make this affidavit.

3. That upon request, Chase, provided credit service to ME , and credit services were accepted by the defendant with complaint as evidenced by the use and activation of said credit account.

4. That Va JDB purchased account #, and all rights, title, and interest to outstanding balance were transferred to Va JDB.

5. That statements I this affidavit are based on the original books and records of the OC, which were maintained in the ordinary course of business, Va JDB entries having been made in reqular course of business by a person with knowledge of the matters described in the entries, at or near the time of events described in the entries, and in the books and records of the OC and any other predecessors-in-interest of Va JDB, all of which became a part of Va JDB business records at time of its acquisition of the account.

6. That Va JDB has maintained in its computerized database the opening date, ending balance, and last payment date on the account that were obtained from the records of the OC. That as of now, and to the best of the Affiant’s belief and knowledge, said amount is justly due and owing to Va JDB.

Signed and notorized

My answers(Grounds of Defense) are the basic Defendant lacks knowledge and information and therefore denies. I am worried that it will be insuffient as they did provide some info.

Any recommedations are greatly appreciated.

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Try this:

Comes now the Defendant, Joe Blow, who for his response to the Plaintiff's Complaint states as follows: Defendant specifically denies the allegations set forth in each and every paragraph of the Complaint, numbered 1-10. Defendant avers he owes the Plaintiff not one dime. Plaintiff has submitted nothing but a few generic credit card statements which Plaintiff admits are facsimiles, supported by a standard hearsay affidavit in which the Plaintiff swears to the veracity of its own incomplete, unproven evidence. Additionally, the subject account has been sold twice. Plaintiff has provided insufficient evidence of a chain of custody and virtually no proof of ownership. Considering discovery is not available, the "evidence" provided by the Plaintiff should be viewed in the light most favorable to the Defendant. Defendant respectfully moves this honorable Court for dismissal of this matter with prejudice.

You probably won't get a dismissal, but it doesn't hurt to ask. Some judges are tired of JDBs and their garbage evidence clogging up the docket.

Edited by legaleagle
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The VA Supreme Court state that those rules apply to all civil cases.




Rule 3:1. Scope.

There shall be one form of civil case, known as a civil action. These Rules apply to all civil actions, in the circuit courts, whether the claims involved arise under legal or equitable causes of action, unless otherwise provided by law. These rules apply in cases appealed or removed to such courts from inferior courts whenever applicable to such cases. These Rules shall not apply in petitions for a writ of habeas corpus. In matters not covered by these Rules, the established practices and procedures are continued. Whenever in this Part Three the words "action" or "suit" appear they shall refer to a civil action, which may include legal and equitable claims.

Then it states that a general denial is not allowed.

Rule 3:8. Answers, Pleas, Demurrers and Motions.

An answer shall respond to the paragraphs of the complaint. A general denial of the entire complaint or plea of the general issue shall not be permitted.

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Thanks for the advice. This was exactly what I was looking for.

Also, the Judge was "fair" to me as he explained the process and made sure I understand legal terms that were used. He also took a few extra minutes to explain that the case could be decided on a 51-49% basis (basically saying that he could agree with MORE of one side and rule in their favor, not having to agree with everything they said.)

I was the only one to show up, with a docket of 14 cases, all of which were handled by one lawyer, several different plaintiffs. I am hoping that will help me, since this lawyer will probably not be that familiar with my case.

My only concern is that this G.O.D. is due March 14, but trial is not until May...will that give the JDB time to correct the missing info? I am thinking of filing a motion in limine with my defense to prevent this.

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Motions in limine are usually filed within two weeks of trial, not now. If they try to spring something on you at trial that they previously failed to produce when asked, you object.

or that the admittance of such information or evidence would otherwise violate one of the court's rules of evidence.

You could argue that the Plaintiff failed to properly update their discovery responses as required by the rules, thereby prejudicing the defendant. The problem as I see it is that pre trial, you have no idea what you are asking the court to exclude if it is "surprise" evidence. I don't think you can ask the court to exclude evidence in general. Such situations seem to be more properly aimed at a continuance at the trime of trial so that you have adequate time to examine and refute the new evidence.

That aside, this is a JDB. Legal arguments and long drawn out battles are not in their business model. Costs them more than they can get. Their lawyers don't work for free. Sounds like you have a good judge. That helps immensely.

Edited by legaleagle
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  • 4 months later...

I followed the defense listed, only changed a few words. Everything worked out great. The case was dropped the week before trial. I did alot of research and was prepared but was so happy I didn't have to go to court.

Thanks everyone for your help.

Good Luck!

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