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byegone

Chase affiant Martin Lavergne

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I was wondering if anyone has a Chase affidavit signed by affiant Martin Lavergne?

I have an Affidavit of Sale by Original Creditor (Chase) provided by Midland signed by Martin Lavergne. Not surprising the Affidavit does not mention my specific account nor does the BOS, just "pool of charged off accounts".

Interestingly affidavit states "I'am not aware of any errors in the Accounts" and emphasis on the "s" ....... This Case hinges on Standing.

I just wanted to compare the signature of the affiant but cannot seem to find it anywhere.

I'm in NY and I'm building a case against Midland - I know about Chase Bank v Gergis and I intend to use it to cast doubt about the trustworthiness and robo signing of Mr. Lavergne. Does anyone have any other suggestions. If anyone has some NY Case Law they can throw my way would be appreciated - as I have a lot already but could always use more. :)++

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Chase is an easy one to deal with...There was a lawsuit that Chase lost based upon the fact that they did not know if the amount they were claiming was correct...Chase is robo-signing affidavits!!

this ws a case based in NY

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the signature of mr lavergne is not important. what is important is if he states that he has personal knowledge of how records are kept, he describes and testifies how he acquired such knowledge and that he describes the practices that Chase uses.

Also if your account old enough to be a WaMu account. Ask him to testify and describe how WaMu kept those records and how he acquired the knowledge of WaMu credit card accounts.

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the signature of mr lavergne is not important. what is important is if he states that he has personal knowledge of how records are kept, he describes and testifies how he acquired such knowledge and that he describes the practices that Chase uses.

Also if your account old enough to be a WaMu account. Ask him to testify and describe how WaMu kept those records and how he acquired the knowledge of WaMu credit card accounts.

Took a little while but now I'm back up and running...

Wamu does not come into play.

Here's what it states.....

In just two little paragraphs he states he is "aware of the process of the sale and assignment of electronically stored business records. Chase sold a pool of charged off accounts to JDB under a Purchase and Sale Agreement and a BOS between JDB and Chase. As part of such sale, electronic records and other records on individual accounts included in the Accounts were transferred to JDB. These records were kept in the ordinary course of business of Chase. I am not aware of any errors in the Accounts"

The last sentence is interesting. 88-)

Thanks

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Chase was sued by former employee Linda Almonte accusing them of sloppy recordkeeping practices.

In response, they basically shut down their legal department and went through their internal recordkeeping practices (and from what I heard informally, cleaned house of their shenanigans).

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I believe it was the Chase Bank v Gergis case where they called his testimony "robo-testimony'. He recited the law but had no actual knowledge.

His affidavit is about worthless anyway as all it does is state that Chase sold some accounts to Midland. I'm sure your account number is not included so it is completely irrelevant unless they un-redact it all, which they won't.

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Exactly - if the affidavit does not specifically identify your account, it's hearsay. File a motion to preclude it.

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Exactly - if the affidavit does not specifically identify your account, it's hearsay. File a motion to preclude it.

Let them have it. All it claims is on such and such a date something was bought from Chase.

Look for the link that does mention your account number. That is what you need to attack.

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I have the same affidavit and I am looking at striking it within my opposition to MSJ.

 

 

This is improper procedure. An opposition to MSJ and a motion to strike are two completely different documents and must be submitted as such.

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This is improper procedure. An opposition to MSJ and a motion to strike are two completely different documents and must be submitted as such.

 

You beat me to the punch.  :)

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I'm jumping posts : )

 

So I've seen a lot of examples of def asking the court to strike exhibits. Do we just point out Plaintiff's defective exhibits? Or just not even go there, instead say its controverted or in disagreement...

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