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help legaleagle cc statements in evidence wrong


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midland sent all their proof on alleged acct #xxxxxxxxx6268 . in the addmissions I denied having a acct with this number. In the summary judgement they use the #xxxxxxxx6268 number and in a foot note stated the cc company changed the # to xxxxxxxxxxx3104 when it went to collections. I'm not talking abount the number the jdb assigns. My court is tomorrow I am bringing a credit report that shows the alleged #xxxxx6268 and xxxxxx3104 is nowhere on there. They have 4 statement with my name from the cc comoany and the new number they are trying to switch to now. They also have a second robo aff. with this new account #. My defense I plan to use is wrong number,several law suits against midland robo statements. They never provided a written signed agrement from cc company. never proved they owned the debt. In one aff. they say they accuired the debt from cc company in another they were assigned the debt. Am I going about this the right way for a victory?

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I'd back wwwaaaayyyy off the account number dispute. That reads to me, and maybe to a judge, that if they can prove the account number(s) they are claiming are in fact the same account with the original creditor, you're conceding the case to Midland.

My argument would be it's irrelevant what the account number was/is, if the account number Midland is claiming is the account number I had with the original creditor or if this is the same account.

I'd argue that Midland has to prove ownership of the account, and until they do that, the account number or if we are even talking about the same account is premature.

I'd also argue the affidavit being robo signed or signed by a live person is irrelevant. Whoever signed it needs to be in court so you can cross examine them, you can't cross examine an affidavit, robo signed or live person signed.

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The account number would only work under certain circumstances. I know one person who had several cards with the same company. The OC sued on one, and sent admissions, etc. Only problem was, they used the wrong account number for the discovery. It was a valid account belonging to the person, but not the one being sued on. That helped the person to the extent that they could deny across the board with no fear. I'm not too sure about how you would pursue this. If none of these account numbers can be connected to your name, you may have something valid, but you would have to make sure you deny ALL the account numbers and deny owing anything at all to Midland. Your post isn't too clear on this.

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I'd back wwwaaaayyyy off the account number dispute. That reads to me, and maybe to a judge, that if they can prove the account number(s) they are claiming are in fact the same account with the original creditor, you're conceding the case to Midland.

My argument would be it's irrelevant what the account number was/is, if the account number Midland is claiming is the account number I had with the original creditor or if this is the same account.

I'd argue that Midland has to prove ownership of the account, and until they do that, the account number or if we are even talking about the same account is premature.

I'd also argue the affidavit being robo signed or signed by a live person is irrelevant. Whoever signed it needs to be in court so you can cross examine them, you can't cross examine an affidavit, robo signed or live person signed.

Colt fan ... thanks so very much for your help. First the funny part of this. I show up to the court on monday only to find out my court was wednesday. WOW I sure felt like a boob. Everything went great. I showed up for court and guess the attorney for love,beal and nixon was not there. A very nice lady said they called her to stand in. She said she had no knowledge of this case. I thought you will in a second. The judge was very nice to me . I told him in advance I'm sorry for any procedure mistakes I might make. When it was my turn I started to pick there case apart bit by bit. Midland said this was a writtten contract yet they never sent me proof . I showed that I had requested it 4 times. The credit card agreement they sent me was the terms and conditions ,It was also dated 2006 this alleged card was from 2001. Strike that. Never recieved proof midland owned this according to the fair trade... Strike. The agreements are from robo signers showed all the proof I had on that Strike. Mention the case brent vs midland 5.2 million class action that midland lost. Told the judge They started out with one account number and now they are changing it . But your honor does'nt matter I've never recieved proof on anything nor proof this jdb has the right to collect it. As I'm speaking I see the plaintiffs attorney getting really nervous. I'm thinkingI must be doing something right. I concluded with all my evidence ,which took about 30 min. The judge asked the plaintiff if she had anything else to say , she did. When she finished I started to say something and the judge said I've heard enough. I said but your honor , he replied Mrs. xxxx don't talk yourself out of a victory. In his explaination he said he had a brother going thru the same thing as me. They still had never provided him with any proof either. WOW GO FIGURE. After which he told me I did a very good job in my research and presentation. The plaintiff attorney asked what attorney helped me prepare. I told her I did'nt have an attorney, just some friends that helped. The plaintiff and judge told me its not over they could let it lay awhile and come back again. The plaintiff attorney said I should write a letter to compel. Ask then for the proof and give them 10 days to respond. Then file a motion to dismiss with prejudise. Then sue then.BAAAAAAAAAAAAAAAA

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