jwsjohn01

Need Midland Advice in Missouri

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Yes, they filed the MSJ. I opposed and supported with affidavits attacking the hell out of the affidavits and unauthenticated docs. MSJ is in a week. I'm feeling rather confident about it. I've done a lot of homework!

Coltfan, they also have a Midland affidavit saying it's in their records but I see where you're going with it. I'll keep digging and attacking.

Kind of enjoying the fight.

:boxing:

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Make sure you get oral arguments for this thing!!!

It saved me one time. The judge made a huge error. If I had not been there to argue my points on the record and let the judge see this needed a little more research on his part I would have had a longer road ahead of me and would have been forced to appeal.

The judge, a few days later on his own motion to reconsider, overturned his himself and reversed his ruling. I never had to file anything at all.

Zero percent chance that would have happened if I was not there to argue my position and tell the judge this thing was getting ready to be overturned, by a pro-se, on appeal (in a respectful way).

My passion and confidence in my position was not something he could see on paper. He had to have left the bench and told his law clerk to make sure that crazy guy is not accidentally right, because I don't want to be the laughing stock at the country club if he actually knows what he is talking about.

Plus if you're like me and most pro-se's you can use all the practice in open court as you can possibly get.

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Well, trial date is quickly approaching. I've been studying the relevant documents. My strategy is unchanged--(1) attack standing to sue, (2) attack proof of account/amount due.

The only evidence that they have provided is:

1. Bill of Sale

States that "..certain receivables, judgments or evidences of debt described in the Final Data File, entitled **BLANK** attached hereto and made part hereof..."

2. Affidavit from a Chase employee

States that "...sold a pool of charged-off accounts to Midland..." and "As part of such sale, electronic records and other records on individual accounts were transferred to Buyer."

3. A summary page of the alleged account printed by Midland from "electronic data provided by Chase"

4. (3) years of statements from the alleged account

No affidavit or evidence to establish the authenticity of these statements was provided.

The Bill of Sale and affidavit do mention a data file provided to Midland. However, neither document reference the alleged account by name or account number. The Bill of Sale does say that the Final Data File is attached, but the only data provided during POD was printed by Midland.

Also, in the Bill of Sale the name of the Final Data File is left blank--like a business form that was never filled in.

1. How should I go about attacking the data printed by Midland? Their claim will be that the data file was provided by Chase and they are only printing the portion pertinent to this claim.

2. Should I object to introduction of the statements if they do not have an OC witness to establish their authenticity?

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2. Should I object to introduction of the statements if they do not have an OC witness to establish their authenticity?

Absolutely! Without authentication those documents are worthless. They will try to get them in under the business records exception but without an affidavit from Chase authenticating them, they should not be admitted.

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I'm not sure her affidavit was an attempt to authenticate any documents. I'm thinking the affidavit is to show that your account was sold to Midland. If she's not attempting to authenticate any documents, she doesn't have to attach any.

So if you are under the impression her affidavit wan't to authenticate documents, can I simply object to those "unauthenticated documents" and therefore not be subject to questioning about specifics in said statements?

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So if you are under the impression her affidavit wan't to authenticate documents, can I simply object to those "unauthenticated documents" and therefore not be subject to questioning about specifics in said statements?

It depends upon what's stated in the affidavit. An affidavit that mentions specific records can be used to attempt authentication. If the affidavit is not specific about records, I'd point out that fact.

When the affiant states "records were sold", but doesn't specify which records, to what records is she referring? If the affidavit does not refer to the specific records provided by the JDB, you don't know if those were the records sold by the OC or not.

When reading a complaint, affidavit, motion, etc., pay attention to not only what has been said but also to what has NOT been said.

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Absolutely! Without authentication those documents are worthless. They will try to get them in under the business records exception but without an affidavit from Chase authenticating them, they should not be admitted.

I believe they are attempting to generically authenticate data provided to Midland in their Bill of Sale and affidavit.

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I believe they are attempting to generically authenticate data provided to Midland in their Bill of Sale and affidavit.

Most definitely. Most of the time, if not all of the time, Midland will only provide one affidavit. It will be an attempt to both authenticate documents and support summary judgment.

You're job is to show how the affidavit is insufficient to support its intent.

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Most definitely. Most of the time, if not all of the time, Midland will only provide one affidavit. It will be an attempt to both authenticate documents and support summary judgment.

You're job is to show how the affidavit is insufficient to support its intent.

Remember, this is a Chase affiant, but my plan is just that. This affidavit is as generic as they come and is completely flawed. I feel like I will have to get a very biased judge to not crush this guy at the MSJ.

:boxing:

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Sorry jwsjohn01. I think I inadvertently hijacked your thread. I hope it helped with your question on how to attack the affidavit, though. Are you good on this?

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Sorry jwsjohn01. I think I inadvertently hijacked your thread. I hope it helped with your question on how to attack the affidavit, though. Are you good on this?

No problem. Hopefully you have gotten as much help here as I have. My case is set for trial this week, so my prep is almost over.

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Remember, this is a Chase affiant, but my plan is just that. This affidavit is as generic as they come and is completely flawed. I feel like I will have to get a very biased judge to not crush this guy at the MSJ.

:boxing:

What I meant was that if the OC affidavit doesn't authenticate any documents, Midland's will attempt to do so in their affidavit.

Considering the OC affidavit only refers to "electronic records" and "other records", Midland can't rely on that if you attack it. Then you attack their affidavit.

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CASE CLOSED!

Showed up for a hearing on my objection to their request for more time. Trial was scheduled for later that day. I withdrew my objection since they finally answered my POD. Midland's lackey asked the judge for a continuance on the trial. I informed the judge that I was ready to go. He denied the continuance and they immediately moved to dismiss.

THANK YOU EVERYONE FOR YOUR HELP!!!!

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Bam another midland beatdown, Great job in this one!!!!

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