homeschool mom Posted November 1, 2012 Report Posted November 1, 2012 My goal is for Plaintiff (Junk Debt Buyer) to show a document that I owe them. What is the best approach to get this accomplished during trial?Facts:-Portfolio Recovery Associates, LLC, Counsel Hunt & Henriques.-Served Demand for Bill of Particulars, specifically asked among other things string of assignments---to prove they own the debt. Received only Credit card statements with account not matching that of their collection letters.No Account number was specified in the Complaint.- Also served the Answer with Affirmative Defenses. I was thinking the Bill of Particulars is too general thus my remedy would be that of CCP454 ---the judge to order leave?Else, on the Affirmative Defenses as my recourse --- will ask them to show documentary evidence 1) their collection letters (showing the questionable account number) 2) the credit card statements with different account number.OR, does my case merit a Motion for Summary Judgment since their Complaint did not have the Account number, nor exhibits? ANY EXPERIENCE, ADVICE, on my case is mostly appreciated.SECOND lawsuit - same JDB and Counsel --same Complaint no account number referenced. If my goal is to file a motion for Summary Judgement - what would be the best approach to this goal? Comments otherwise is definitely welcome. BTW - have records of Plaintiff violating collection rules. Thank you
Coltfan1972 Posted November 1, 2012 Report Posted November 1, 2012 My goal is for Plaintiff (Junk Debt Buyer) to show a document that I owe them.I quickly change my goal !!!!!! That is going to be the easiest goal in the world for them to accomplish !!
saytar Posted November 1, 2012 Report Posted November 1, 2012 (edited) Oh you just need a "document" , sure no problem. I'll whip one up for you on the ole puter.I'd need more than just a document to prove anything to me.Methinks you need to do some more reading on this site and move the "goal" as Colt says. Move it waaaay down the field. You are not dealing with "reasonable" people.Yes you are at some point either going to pay these rats (over and over again) or your going to have to go into attack mode. You probably already know you need to post all the particulars and hopefully soon calawyer and some of the other's in CA will chime in with accurate info on this.Good luck Edited November 1, 2012 by saytar More to say
Recommended Posts