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CEO is the affiant.


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Some back ground. I received dunning letter from Jormandy. I sent off a DV letter. Jormandy sent 3 credit card statements (one showed date of last payment, the other one was the statement right after last payment, and the last one was dated 6 months after the last payment statement with "atty account-code=ures" in the area where my address would be),Card agreement for citbank dated 2006 with an added page,and bills of sale from citi to jdb1,jdb1 to jdb2, and jb2 to Jormandy.

The Warrant is Debt / complaint marks the debt as an open account and that Jormandy LLC is assignee of Citibank, N.A The WID includes an affidavit and statement of account.

CEO is the affiant. This is different.

Commonwealth of Virginia

City of xxxxx, to wit:

I, Susan P. Becker, having been first duly sworn now state under oath the following:

I am the C.E.O of Jormandy, LLC, a Limited Liability Company which conducts business in the Commonwealth of Virginia.

I am an authorized representative and custodian of records for Jormany, LLC and in that capacity I am authorized to make this affidavit.

That upon request, Citibank, N.A did provide credit services to Chemburleigh via account number xxxxxxxx and credit services were accepted by the Defendant without complaint as evidenced by the use and activation of said credit account.

That Jormandy, LLC purchased credit account xxxxxxxx and all rights, title, and interest to any outstanding balance were transferred to Jormandy, LLC.

The statements in this affidavit are based upon the original books and the records of the original creditor, which were maintained in the ordinary course of business, Jormandy's entries having been made in the regular course of business by a person with knowlege of the matters described in the entries, at or near the time of the events described in the entries; and in the books and records of the Original Creditor and any other predecessors-in-interest of Jormandy, LLC, all of which became a part of Jormandy, LLC's business records at the time of its acquistion of the account.

That Jormandy, LLC has maintained in its computerized database the opening date, ending balance and the last payment date on the Account that were obtained from the records of the original creditor. That as of May xx, 2012, the books and records of the aforementioned account show a balance due and owing of $xxxx.xx , and that the best of the Affiant's belief and knowlege, said amount is justly due and owing to Jormandy, LLC.

Affiant: signature Title: CEO, Jormandy, LLC

Notary statement, seal , and signature Nena Alto

This is a communication from a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.

The Statement of Account is on Jormandy letterhead. It reads:

Statement of Account

Account Holder: me

Type of Service Rendered: Credit Card

Assignee: Jormandy, L.L.C

Assignor of Credit Card Account: Citibank, N.A

Account Number of Credit Card as of Charge off Date: xxxxxxxxx

Social Security Number: Last four of SSN

Jormandy,LLC File No. xxxxxxxx.xx

Claim Amount: $xxxx.xx

Less payments: $x.xx

Cost Expended: $xx.xx

Total Balance due: $xxxx.xx

This is a communication from a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.

Has anyone had any dealing with Jormandy?

How can the CEO of the 3rd JDB comment on whats in the OC books and records?

Does the OC business records become the JDB business records as stated in the affidavit?

I need help with Virginia case law.

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That upon request, Citibank, N.A did provide credit services to Chemburleigh via account number xxxxxxxx and credit services were accepted by the Defendant without complaint as evidenced by the use and activation of said credit account.

So you were without Complaint, per the Affiant, simply because she said you used and activated the card account? That's real original.

IMHO, the Affiant has not properly laid foundation, and you should drive a truck right through the affidavit. The Affiant needs to point to specific pieces of evidence, not broadly mention them, without of course providing them.

I know you are not in Illinois, but to give you an idea (and I have helped more than a handful escape from JDBs and even a couple OCs)..

If the records are voluminous, they can be summarized and made available, but under no circumstances is the testimony summarizing the records admissible if the records are not tendered. In re deLarco, 313 Ill.App.3d 107, 728 N.E.2d1278 (2nd Dist. 2000). See also Cole Taylor Bank v. Corrigan, 230 Ill.App.3d 122, 129, 595 N.E.2d 177, 181-82 (2nd Dist. 1992) (where bank officer's "affidavit essentially consisted of a summary of unnamed records at the bank," unaccompanied by records themselves and unsupported by facts establishing basis of officer's knowledge, foundation was lacking for admission of officer's opinion regarding amount due on loan).

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That's pretty interesting but gets attacked the same way. I suspect, strange as it is, this is a small or even a one man operation. Just publically hand him his derriere in his hat.

CIC false affidavit defense:

Motion to Strike Affidavit of Debt - Learn How to Write One

Virginia Rules of Evidence:

http://www.vsb.org/docs/EVRULESdraft4Feb15.pdf

Look at rule 401 - 404, Rule 602 Lack of Personal Knowledge,, Rule 615? conflict of interest, Rule 801 - 806 hearsay rules and exceptions.

Start there. Also there is a ton of postings and info on the CIC forum regarding defeating/striking affidavits and other heresay evidence. Do some searchs on familiar terms like - affidavit, strike affidavit, templates, forms and you will get a lot of hits and ideas.

HP

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CEO is the affiant. This is different.

Yes, different as in dog turd different. They are all a little different depending on the dog and what the dog had to eat, but at the end of the day it's a dog turd.

I would have more fun with this affidavit that I would probably have to pay them some entertainment value money.

The CEO of the third in line junk debt buyer swearing to the records of Citibank. Yeah, that would not be fun at all. ::BigGun::

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All she states is that her information is based on records from the OC. She doesn't state how those records were acquired. There's no mention of the other JDBs.

Has Jormandy provided affidavits from the other JDBs stating that the cc statements are true and correct of Citi's records? If not, she's asking the judge to take her word for it that even though she can't prove the records came from Citi, and there's nothing from the other JDBs saying they came from Citi, they did and they're correct.

In addition, since she doesn't mention the other JDBs and the bills of sale, in my opinion, she hasn't laid the foundation to offer those bills of sale into evidence. Therefore, they're unauthenticated and inadmissible hearsay.

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According to the affiant's company profile, she's got 26 years in the collections industry, but I don't see where she listed that she ever worked for Citi...

I would get a copy of a resume or employment file and use it as a basis for a motion to preclude.

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According to the affiant's company profile, she's got 26 years in the collections industry, but I don't see where she listed that she ever worked for Citi...

I also read this and liked the part that said she was a student at William and Mary College.

Yeah, I took a class from New Mexico Tech Energetic Material Research and Testing Center and look where that got me.

Hanging out with a bunch of cool legal nerds on CIC.

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I also read this and liked the part that said she was a student at William and Mary College.

Yeah, I took a class from New Mexico Tech Energetic Material Research and Testing Center and look where that got me.

Hanging out with a bunch of cool legal nerds on CIC.

EMRTC - Cool, did you get to blow anything up?

I still remember when they busted a student because he stole a bunch of explosives from that place.

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I also have a varied education: a degree in physics from the Sam Houston Institute of Technology, a degree in atomic studies from Fordham University College of Kinetics, a GPITA from the Pennsylvania Institute of Scientific Studies, and a YHTBK from the Florida Academy of Radiological Technology. A lot of good it did me, I'm now picking up beer cans on the highway for cash. Great sweatshirts, though.

As I side note, I was in the Corps of Engineers, (that's CORPS not CORPSE USAGI555) and I blew up more stuff than I can remember. Wish I had some C4 and det cord now.

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  • 1 month later...

I was going over the bill of sale from JDB1 to JDB2. tI has a sentence that states, "The sale is without recourse to Assignor and without warranty of any kind (including, without limitation, warranties pertaining to title, validity, collectability, accuracy or sufficiency of the information, and applicability of any statue of limitations) except as stated herein.

It seems that JDB1 can not account for the validity of the records recieved directly from the OC.

JDB2 also had a clause in their bill of sale to Jormandy it states," ... without recourse and without representation or warranty of collectability, or otherwise, except to the extent stated in the Agreement."

The complaint does not contain the bills of sale but I am sure they will have them in court with them.

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That's called the forward flow agreement. Basically it means they buy this crap at their own risk. Post this as a jpeg....we need this!

accuracy or sufficiency of the information,

This is the key part. This casts doubt on any and all evidence they produce, right from the mouth of the OC. What more could you want?

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  • 5 months later...

A comment.

I was sued by Jormandy..., assignee of chase ..., for two accounts. They got defaults judgments, as i was not there. I was not served - by posting at my residence - as the same process server’s affidavits claimed, in both cases; and though i did receive the mailed notices in both cases, they had been put aside and un-oped for months. Except for the details, paperwork is nearly the same as Chemburleigh's, but only one copy of what looked like a final bill from chase and what i think was a “generic” credit card agreement. These two were in the files at the clerks office. Haven't really found a way to take this back into court yet, and may have lost my chance on one or both of these cases. For a long while i did not know my rights, and was at a loss as to being able to do anything about these lawsuits and judgments. I could know a lot more, but had i known about the lawsuits at the time, and knew my rights as well as i at least think i do now, they would not have the default judgments and would likely have non-suited, on the way to trial. The affidavit of the pleadings – I guess you could call it. I could say a lot about this, but one could look at the fed rules of evidence, especially rule 803, and get some general idea., and what was that thing about waving rights to go to court- in the agreement.

sorry legaleagle, did not mean to step on your handle

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