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Need A Bit of Help: Trial On Tuesday


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Hi guys,

My trial is on Tuesday, no more status calls, this is it and I was wondering what exactly should I be expecting Blatt Liebsker Hasenmiller & Moore to present as evidence that they can collect this debt? I went to free legal aide last week and the lawyer told me they might bring an actual person as a "credit agreement witness". What questions should I ask this person? (You would think legal aide would have helped me with this but she didn't).

If they don't bring a person and just bring papers what's a slam dunk for them and what isn't good enough?

Also just one more question. I had originally thought I was being sued by a JDB but it turns out Blatt, Hasenmiller, Liebsker & Moore are representing Cap One.

I assume this means I'm probably destined to lose since they're the original creditor and I would expect them to have all the info they need at their fingertips. However...there's one thing, I have 3 letters here from September, October and December of 2010, all from 3 different collection companies (Global Credit Collections Corp., Allied Interstate and Alliance One) all claiming to represent Cap One (I will note that the tear off stubs do all say "Make Payment out to Cap One). Does this matter? Does this mean (fingers crossed) this thing has bounced around so much its unlikely that BHLM even have the required info from Cap One to present in court? Are these papers something I'd want to show the judge?

Finally, if they ask me point blank; Did you have a card with Chase? Is there a way to answer this honestly w/out blowing what little case I have? I mean, if I say yes, isn't it pretty much over?

Thanks for reading and for all the help you've given in the past. :)

Oh and I thought I'd add a few more things to add that might help you out:

1)They never requested anything from me via discovery.

2) I never sent them discovery or interrogotories. (I realized I should have but the free legal aide said not to bother. I probably shouldn't have taken their advice since when this first started back in Oct. of 2011 they also said; "You don't need to write anything when you file your answer." I was smart that time and I didn't listen to them and denied everything.

3)The only thing I ever got from them was the papers I was served with which had a notarized "affidavit of indebtedness" attached. No contract, no bill of sale.

Edited by Lizzie Bennett
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I have 3 letters here from September, October and December of 2010, all from 3 different collection companies (Global Credit Collections Corp., Allied Interstate and Alliance One) all claiming to represent Cap One (I will note that the tear off stubs do all say "Make Payment out to Cap One). Does this matter?

Nope. Even if you could prove they had no authorization to make settlement offers, it's over a year and out of SOL for the FDCPA. Free legal aid? You got what you paid for. Probably even less.

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also they have not given you a witness list. post the affidavit of indebted ness I have a counter affidavit around here somewhere.

you need a little tune up on how this is gonna go tuesday

It is obvious they are going to use shock and awe. so should you.

so Look to the statutes if a Motion in Limine to exclude evidence can be used.

get your position in this matter straight because they have no witness listed they may be going to make YOU prove their case.

a suitable response would be I don't recall the first time they show you a bill and say is this yours is this your address and you say yes then you lose.

so lets get you up to speed because you sound like you might make a stipulated judgment on the very precipice of your victory. and that would be bad.

the counter affidavit wins it for you.

Caption

COUNTER AFFIDAVIT DENYING PLAINTIFFS CLAIM

NOW COMES,Defendant, your name, deposes and states under penalty of perjury;


      1. I am a resident of the State of Illinois over the age of 18 years of age. This affidavit is made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this affidavit.

      2. Plaintiffs have attached to the complaint at issue, an out of state affidavit of <affiant>dated in excess of 10 days of the complaint. This affidavit attached as Exhibit 1 is not in compliance with MCL 600.2145.

      3. On information and belief the affiant <affidavit signer> lacks the personal knowledge of the alleged credit originators records keeping practices, records autheticity, manner and policies of records data security, records entry logs, alleged account particularities, and has never worked for the alleged account originator.

      4. There have been no prior course of dealings between Plaintiff and defendant.

      5. There have been no transactions between plaintiff and defendant.

      6. Plaintiffs never extended credit to defendant.

      7. Plaintiffs have failed to attach necessary writings to the complaint and erroneously stated that the necessary writings for one cause of action are in the possession of the defendant.

      8. Defendant after diligent search and reasonable inquiry are at this time unable to located and writings responsive to the complaint and therefore cannot produce them.

      9. Defendant is presently unaware of the alleged obligation or debt or claim of plaintiff referenced in the complaint. Plaintiff fails to attach the writings it bases it claims on.

      10. Defendant does not recall any obligation or debt or claim to plaintiff's and therefore, due to a lack of information or belief in the truth of the plaintiffs claims and causes of action, denies the claims of plaintiff entirely and lists several objections to the paragraphs of the complaint listed in Defendants Answer.






      Dated: 13 November, 2011 ____________________________________


      XXXXXXX Defendant appearing for herself


      That is a good start.





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Hi Seadragon, thanks for answering. :)

Can I really just say "I don't recall?" regarding whether the bill is mine and especially for my address? I would have thought a judge would hate that sort of thing and jump all over it.

I'm working on getting my scanner up and running so I can post the affidavit.

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I don't recall is good they are going to shaft you by not bringing a witness. Their key witness to prove their case is already going to be in the court room.

that witness is you. Only you can verify if the billing statements arrived at your address. the plaintiff will try to question you about the billing statements.

so that is how it is gonna go. Subpeona their witness also if they get a continuation. If they ask for a continuance say that you object that counsel announced ready for trial and you went through a lot of problems getting the time off from your job.

don't let them intimidate you and go all barracuda on them.

get a good nights sleep tomorrow

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Thank you for your response, in case it till matters here is a summary of the affidavit. Basically I copied this from another thread on the forum.

The Affadavit of Debt was attached to the summons and an Affidavit of Non-Military Service.

The Affadavit of Debt is basically a man stating under oath that (paraphrasing):

1. He is over 18 and competent. He is an authorized agent of Plaintiff Capital One Bank. He is authorized to testify to the matters set forth herein. He has personal knowledge of the manner that Capital One creates and maintain their records.

2. Capital One's books are accurate .

3. Capital One's books show that I opened an account on xx/xx/xxxx and used the account in accordance with the Customer Agreement. I made a last payment in the amount of $xxx.xx on xx/xx/xxxx and it did not satisfy the outstanding balance, thus creating a default.

4. The books of Capital One show that at that time my account charged off in the ordinary course of business, the just and true sum of $xxx.xx remained dur and owing as of xx/xx/xxxx with interest accruiing. There are no late fees assessed after xx/xx/xxxx.

5. The books of Capital One show that credit has been given for all of my payments and there now remain due an amount of $xxx.xxx plus accrued interest in the amount of $xxx.xx for a balance owing of $xxx.xx/

6. The Custome Agreement entered into by the parties authorizes Capital One to recover reasonable attorney's fees and costs to the extent permitted by law.

7. Nothing shows in the Capital One books that I am a minor, mentally incompetent or otherwise incapacitated.

8. He declares under penalty of perjury that the foregoing is true and correct.

It is notarized.

Edited by Lizzie Bennett
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About all you can do is dispute the starting balance on the statement they produced. These companies are always being sued for mistakes, they are routinely hacked, and the people that work there are a buch on minimum wage morons. You trust these jerks to maintain accurate records?

Suit: Capital One sent woman $286 million bill - BostonHerald.com

Consumer complaints about Capital One

https://startpage.com/do/search?

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Hi guys,

My trial is on Tuesday, no more status calls, this is it and I was wondering what exactly should I be expecting Blatt Liebsker Hasenmiller & Moore to present as evidence that they can collect this debt? I went to free legal aide last week and the lawyer told me they might bring an actual person as a "credit agreement witness". What questions should I ask this person? (You would think legal aide would have helped me with this but she didn't).

If they don't bring a person and just bring papers what's a slam dunk for them and what isn't good enough?

Also just one more question. I had originally thought I was being sued by a JDB but it turns out Blatt, Hasenmiller, Liebsker & Moore are representing Cap One.

I assume this means I'm probably destined to lose since they're the original creditor and I would expect them to have all the info they need at their fingertips. However...there's one thing, I have 3 letters here from September, October and December of 2010, all from 3 different collection companies (Global Credit Collections Corp., Allied Interstate and Alliance One) all claiming to represent Cap One (I will note that the tear off stubs do all say "Make Payment out to Cap One). Does this matter? Does this mean (fingers crossed) this thing has bounced around so much its unlikely that BHLM even have the required info from Cap One to present in court? Are these papers something I'd want to show the judge?

Finally, if they ask me point blank; Did you have a card with Chase? Is there a way to answer this honestly w/out blowing what little case I have? I mean, if I say yes, isn't it pretty much over?

Thanks for reading and for all the help you've given in the past. :)

Oh and I thought I'd add a few more things to add that might help you out:

1)They never requested anything from me via discovery.

2) I never sent them discovery or interrogotories. (I realized I should have but the free legal aide said not to bother. I probably shouldn't have taken their advice since when this first started back in Oct. of 2011 they also said; "You don't need to write anything when you file your answer." I was smart that time and I didn't listen to them and denied everything.

3)The only thing I ever got from them was the papers I was served with which had a notarized "affidavit of indebtedness" attached. No contract, no bill of sale.

Attorneys can't testify. You go to court and you ask the Plaintiff where their witness is so you can examine them. If they bring no witness you object to everything the Attorney tries to enter as hearsay. If they bring the affiant who is the author of the "Affidavit of Indebtedness" which they won't, (he's more than likely a robosigner), you examine him. You ask him if he was employed when the alleged account was opened, how many affidavits he signs a day, what his official title is, is Capital One the current owner of the debt, (don't let him declare it) demand evidence that Capital One currently owns the alleged debt. More than likely a Trust owns the alleged debt if there is an alleged debt. You don't have to remember the alleged account. They have to prove they own the alleged account. If they bring in someone other than the author of the affidavit object. Let us know how it goes!!

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