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Plantiff's Affadavit. Is this a Joke? Need 2 fight It!


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I just got the attached Affidavit. 

 

I need to know how to fight it. 

 

Please read it and see if you read/see what I see.

 

It states the bank that sold it stated they had the rights to it.  What does that mean.  Had the rights because they said so?  It does not show/tell how they had the rights to it... Just that they did?  They are not the issuing Bank!

 

Please read  the part about one Party getting it from another Party based on industry reports in the news?  How is that personal knowledge... Also how is that a chain of custody...

 

I have reason to believe that two to four other banks had this supposed account before US Bank NA.. But how did US Bank NA get it and so on?  I know they are not the original creditor, but do not have a clue as to who is.  And I have no record of ever having the claimed account!

I already filled a sworn General graduated denial.

plaintiffs affidavit redacted.pdf

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It states in the affidavit that the original bank was RBS Citizens (Royal Bank of Scotland) bank.  US Bank purchased RBS credit card services in 2010.  RBS  Citizens bank did/does business in Bridgeport, Connecticut.  SOL for Connecticut is 3 years.  When was the last time you made a full payment on this account?  You might be beyond the SOL.  I'm fairly sure Arizona allows for choice of law.

 

Chain of Custody will also pose a problem since they have to have an affiant from RBS Citizens swear that they sold your account to US Bank and provide a bill of sale that specifically identifies your account which they won't have.  Bill of Sales only reference the sale of Accounts Receivables without mentioning any one account in particular.  They will also have to prove that U.S.Bank purchased your particular account with a second set documents (affidavit and bill of sale) specifically identifying the sale of your account  Lastly, they will have to produce a third set of documents (affidavit and bill of sale) proving that the Todd Company bought your specific account from U.S.Bank.  That will be a Herculean task for them to do.

 

You need to research the civil court records in Maricopa for all suits filed by the Todd company to see their standard operating procedure.  Here in California some counties allow free on-line access to everything from the original complaint to trial briefs. 

 

The affidavit they sent you seems to be the standard JDB's default proof of ownership which is great for defaults but won't do much good if challenged as it is from the JDB's employee who does not have first hand knowledge of anything.

 

 

Carol-Lynn

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I have the exact same 'exhibit b' photocopy sent to me as part of a unifund suit.

 

Which Exhibit B... there are TWO of them. Unifund or Pilot?

 

 

Chain of Custody will also pose a problem since they have to have an affiant from RBS Citizens swear that they sold your account to US Bank and provide a bill of sale that specifically identifies your account which they won't have.  Bill of Sales only reference the sale of Accounts Receivables without mentioning any one account in particular.  They will also have to prove that U.S.Bank purchased your particular account with a second set documents (affidavit and bill of sale) specifically identifying the sale of your account  Lastly, they will have to produce a third set of documents (affidavit and bill of sale) proving that the Todd Company bought your specific account from U.S.Bank.  That will be a Herculean task for them to do.

 

The affidavit they sent you seems to be the standard JDB's default proof of ownership which is great for defaults but won't do much good if challenged as it is from the JDB's employee who does not have first hand knowledge of anything.

 

This is the cruxt of the thing, the way I see it....

 

Good post SkippieB

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The one dated january 3rd 2012 US Bank to Pilot. Pilot then sold mine to Unifund.

DM,

 

Is this is in regard to the recent suit that we've been discussing in your thread?

 

SkippieB wrote this:

 

Chain of Custody will also pose a problem since they have to have an affiant from RBS Citizens swear that they sold your account to US Bank and provide a bill of sale that specifically identifies your account which they won't have.  Bill of Sales only reference the sale of Accounts Receivables without mentioning any one account in particular.  They will also have to prove that U.S.Bank purchased your particular account with a second set documents (affidavit and bill of sale) specifically identifying the sale of your account  Lastly, they will have to produce a third set of documents (affidavit and bill of sale) proving that the Todd Company bought your specific account from U.S.Bank.  That will be a Herculean task for them to do.

 

Think about it, it's about the JDB having to prove the ENTIRE chain of custody and needing to provide affidavits AND affiants IN COURT to swear to all of it.

This will indeed be a Herculean task for them to do, and quite frankly, they won't be able to do... either they just won't be able to or it will be too costly to do it.

 

This stuff *always* goes back to STANDING. Or the JDB's lack of it to be able to sue you.

 

Check out the posts of BV80. He has a world-class collection of posts, briefs and case law on Lack of Standing. That's where you focus.

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Arizona is one of the worst places to try to argue SOL. It seems they do not have a borrowing satute, they apply the AZ SOL period. By the way, CT SOL for credit cards is 6 years, not three, if that's what this is.

Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is ALWAYS an open account. This is established under the Truth-in-Lending Act.

 

In the State of Connecticut, General Statutes on Statute of Limitations (SOL) is 6 years on the open-ended (or credit card) accounts OR 3 years from when the creditor is entitled to sue (i.e., a creditor is entitled to sue the first day after a scheduled payment is not made - hence 3 years from the "last activity"). Any suit must be initiated by the original creditor or the legal, licensed assignee entitled to collect the debt (junk debt buyer) within the 3-year SOL. If no action is instituted in court within that time frame, the case will automatically be dismissed and the creditor no longer has any right to sue you to collect the debt.

 

According to Suzie Orman it is 3 years for open-ended accounts.  http://apps.suzeorman.com/igsbase/igstemplate.cfm?SRC=MD012&SRCN=aoedetails&GnavID=84&SnavID=20&TnavID=&AreasofExpertiseID=24

 

 

 

Carol-Lynn

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Yes it is. This particular 'exhibit' has not been filed by them yet, it was sent in me with a packet of other paperwork before I even responded. I just this week filed an amended response and motion for more definitive statement.

 

I'd also slam them with a BOP (For Open Book Account) if possible, and if not, then slam them with discovery requests ASAP.  Research your state's discovery laws and make sure you hold them accountable if they fail to respond in the statutory time period.  The more pressure you put on the JDB the better your chances will be for a dismissal.  You have to show them that you are not afraid of them and you are willing to wage mad-battle.

 

Carol-Lynn

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Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is ALWAYS an open account. This is established under the Truth-in-Lending Act.

 

In the State of Connecticut, General Statutes on Statute of Limitations (SOL) is 6 years on the open-ended (or credit card) accounts OR 3 years from when the creditor is entitled to sue (i.e., a creditor is entitled to sue the first day after a scheduled payment is not made - hence 3 years from the "last activity"). Any suit must be initiated by the original creditor or the legal, licensed assignee entitled to collect the debt (junk debt buyer) within the 3-year SOL. If no action is instituted in court within that time frame, the case will automatically be dismissed and the creditor no longer has any right to sue you to collect the debt.

 

According to Suzie Orman it is 3 years for open-ended accounts.  http://apps.suzeorman.com/igsbase/igstemplate.cfm?SRC=MD012&SRCN=aoedetails&GnavID=84&SnavID=20&TnavID=&AreasofExpertiseID=24

 

 

 

Carol-Lynn

 

AZ law has defined "credit card" as a written contract.  The SOL is 6 years.

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The one dated january 3rd 2012 US Bank to Pilot. Pilot then sold mine to Unifund.

 

I just looked at may Exhibit B dated May 22, 2012. 

 

If you go back to my posting that started this thread and open the documents and look at that Exhibit B, you will see that it is Pilot selling it to T & I, but the really strange thing is at the very top it clearly reads UNIFUND...

 

If Unifund is not Pilot, why would their name be on the top of the document?  It is also at the bottom of the page...

Very strange???

 

So how do I object to this Affidavit?

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