Exhibit Question

[Dazzler]

So I received a bill of sale from the JDB and an affidavit allegedly from the OC. The question I have is the bill of sale states its between General Electric Capital Corporation, GE Money Bank, and Retailer Credit Services, selling the accounts to the JDB.

There are three signature lines for each GE company but General Electric Capital Corp never signed off on it. Do you think it matters? To me it seems the bill of sale is not valid.

The second question is, the affiant claims he is employed by GE Capital Retail Bank and the account was sold by GE Capital Retail Bank. The bill of sale does not mention GE Capital Retail Bank.

These are attached to their complaint to "prove" they have a valid assignment.

[nascar]

Not very convincing, is it?

[Flyerfan]

Does the bill of sale even specify the account in question? They are usually very vague and redacted.

[BrunoTheJDBkiller]

GE uses all these different names, these are divisions within divisions, etc. Most of the time it goes nowhere. A judge will just ask you if you had an account with GE Retail Bank or whatever name they happen to be using. I think it's GE Money Bank right now. They do Paypal and a bunch of other credit cards. GE is HQ in Fairfield CT but their credit cards are issued from Utah. I'm not saying you have nothing to hang your hat on, but this is the kind of thing the court will let the plaintiff correct. "Curable." Kind of like a JDB version of Herpes. Well maybe not, that's not really curable, but it is the gift that keeps on giving. Just like a JDB, it pops up when it is most inconvenient.

[Dazzler]

Does the bill of sale even specify the account in question? They are usually very vague and redacted.

No the bill of sale is really vague. All the affidavit states is that GE Retail Capial Bank sold the account. Now the bill of sale states a date it was sold, and the JDB lists a different date in their verification and another date in their initial contact letter.

The dates are within a week of each other but it seems it will help cast a doubt on trustworthiness of the documents. Washington has some really good case law lately that says basically a bill of sale, an affidavit, and statements are not enough to prove the account. The debtor must have assented to the account.