silverjacket

Dorothy Ruiz - Citi

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Is there anyone out here that have met Dorothy Ruiz  in a court after serving your subpoena ?

 

And did you win the case against Citi ?

 

Any sharing would be really appreciated !!!

 

Cheers !

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Who is she, an affiant or custodian of records? If you are in litigation with Citi you need to fill out the 20 questions so we know what is going on.

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Racecars 20 questions for California

 

 

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming.

 

16.We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment.

 

17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

 

18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

 

 

19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

 

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CASE NO:56-2011-00390745-cl-cl-vta

Citibank (South Dakota) N.A. vs. Austin

Judgment is in favor of the defendant.

The issue raised at trial was the foundation for the testimony of Dorothy Ruiz, the litigation analyst for
Citibank who was attempting to introduce defendants account records through the business records
exception to the hearsay rule. The court finds that Ms. Ruiz did not offer a sufficient foundation for her to
testify as to the preparation and maintenance of the records in question. The court has an intuitive sense
that the defendant did incur the charges in question, and has not paid them. That, however, is not good

enough. A custodian of records must have some personal knowledge of how the records are kept and
prepared. Ms. Ruiz could not do that.

Defendant is the prevailing party, and is entitled to her statutory costs of suit. Counsel for defendant is
directed to prepare and submit a form of judgment.

Clerk to give notice.

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The court has an intuitive sense that the defendant did incur the charges in question, and has not paid them.

Wow - when I read that line, I was waiting for the other shoe to drop... I mean 'intuitive sense'... wtf?

I didn't expect the court to find for the defendent.

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borrowed from bad98roadster one stop shopping

1. Complete a demand for JAMS.
2. Draft a cover letter to JAMS explaining the Citi account number in dispute.
3. Draft a cover letter to law firm which would include a statement that you demand that they immediately withdraw the suit or you will hold the Citi,the law firm and the attorneys responsible.
4. Serve the JAMS demand and cover letters.
5. Prepare a motion to compel arbitration.
6. Research and prepare a law suit for FDCPA/Rosenthal violations for continuing to litigate after you made a lawful demand for arbitration.
7. You would have just handed them a situation where they will have no course of action that does not either violate the law or in the alternative, cost them tens of thousands of dollars to pursue their claim in JAMS.

http://www.consumerfinance.gov/credit-cards/agreements/issuer/196/

http://law.onecle.com/california/civil-procedure/1281.7.html

http://law.onecle.com/california/civil-procedure/1281.2.html

http://www.jamsadr.com/rules-download-rules/

http://htmlimg3.scribdassets.com/22ibrxrblskz1wx/images/1-5aebda66ed/000.jpg

http://www.familiesusa.org/resources/tools-for-advocates/guides/federal-poverty-guidelines.html

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

 

In consumer arbitrations, consumers with a gross monthly income of less then 300% of the federal poverty guidelines may be entitled to a waiver of the arbitration fees. In those cases, the respondent must pay 100% of the fees.

Declaration in Support of Application for Waiver of Fees

NAME OF CONSUMER:
ADDRESS:
GROSS MONTHLY INCOME:
NUMBER OF PERSONS IN HOUSEHOLD:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this____day of____________2013. At_____________________.

 Signature of Consumer

 

How Arbitration Works

How does a party initiate arbitration?

 

 

The party filing an

arbitration must choose one of the following two arbitration

firms and follow its rules and procedures for initiating and

pursuing an arbitration: American Arbitration Association or

JAMS. Any arbitration hearing that you attend will be held

at a place chosen by the arbitration firm in the same city as

the U.S. District Court closest to your then current billing

address, or at some other place to which you and we agree in

writing. You may obtain copies of the current rules of each of

the arbitration firms and forms and instructions for initiating

an arbitration by contacting them as follows:

American Arbitration Association

800-778-7879 (toll-free)

Website: www.adr.org

JAMS

800-352-5267 (toll-free)

Website: www.jamsadr.com

At any time you or we may ask an appropriate court to

compel arbitration of Claims, or to stay the litigation of

Claims pending arbitration, even if such Claims are part of a

lawsuit, unless a trial has begun or a final judgment has been

entered.

 

 


 

 

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Wow this is very useful info. I wish I had found this site long time ago.

My court date is set for this Friday. I had served subpoenaed for Ms. Ruiz to appear, and filed an objection to declaration in lieu of live testimony.

 

1. Anything else that I can do at this point to better my position ?

2. If they win judgment, is there a way I can appeal ? Or I'm pretty much dead ?

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Using the court reporter will help preserve the record for an appeal if necessary. Object often. Only an objection will give you the right to appeal a decision. If you do not object to something, you allow it.

 

Good luck tearing apart Ms. Ruiz. Only ask questions you know the answer to. 

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read the credit agreement so you know it.

read the http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

 

At any time you or we may ask an appropriate court to

compel arbitration of Claims, or to stay the litigation of

Claims pending arbitration, even if such Claims are part of a

lawsuit, unless a trial has begun or a final judgment has been

entered.

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Hey Silverjacket,

 

I had the pleasure to sit in on a case where Dorothy Ruiz appeared. Midland brought her in. She's from Arizona and she brought 4 years of printed statements in this case but bear in mind the pro per did not have the knowledge to queston the witness and question her about foundation and personal knowledge.

 

There's a thread with this discussion with calawyer and calawyer had a list of questions to ask the affiant. One of the questions I remembered calawyer says we should ask is: Were these statements generated for the purpose of this litigation?

 

Hopefully someone here can locate that discussion...

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Hey Silverjacket,

 

I had the pleasure to sit in on a case where Dorothy Ruiz appeared. Midland brought her in. She's from Arizona and she brought 4 years of printed statements in this case but bear in mind the pro per did not have the knowledge to queston the witness and question her about foundation and personal knowledge.

 

There's a thread with this discussion with calawyer and calawyer had a list of questions to ask the affiant. One of the questions I remembered calawyer says we should ask is: Were these statements generated for the purpose of this litigation?

 

Hopefully someone here can locate that discussion...

 

Very interesting, considering Citbank is in South Dakota and their billing originates in Ohio. What Citi facility is in Arizona? I'd ask her that right off the bat.

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Hey helpme,

 

Thanks for the reply !

Wow, so she actually flew in from Arizona to attend your case ? Must be a big case !

And what is the outcome of your case if you don't mind me asking ? Also, if you win, what are the questions that you use to 'break down' her credibility in front of the judge ? And which court house were you tried ?

 

I'll try to look up the thread with the list of questions you mentioned, should be able to find it.

 

Thanks for any input, for you and many others here !

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Hey helpme,

 

Thanks for the reply !

Wow, so she actually flew in from Arizona to attend your case ? Must be a big case !

And what is the outcome of your case if you don't mind me asking ? Also, if you win, what are the questions that you use to 'break down' her credibility in front of the judge ? And which court house were you tried ?

 

I'll try to look up the thread with the list of questions you mentioned, should be able to find it.

 

Thanks for any input, for you and many others here !

It wasn't my case. I went to observe because I was up against Citi and Hunt and Henrqiues with the same Judge presiding. My case never got that far because they dismissed it. As I was sitting waiting for Court to start, the JDB lawyer and the pro per were talking about settlement.

 

1) Never agree to a settlement, unless it's a dismissal. This pro per says yes I would like to consider. then he threw some dollar amount at th elawyer and the lawyer says well let me discuss with my client. The Client was Dorothy Ruiz.

 

Court was in session and Dorothy Ruiz is put on the stands...She works for Credit Services of Citi in Arizona but pro per never really asked her to explain indetail what she actually does. I can tell she didn;t do the grunt of the work...her nails were finely manicured and long....wears tons of makeup and her favorite color is RED...How do I know. Where I sat in the courtroom to observe, she sits right in front of me....of all places ...

 

This is how prepared the Pro per was in questioning the Witness....Mam on page ??? of the statements you brought why is there a discrepancy with the charges of late fees. Based on my claculation it should be this...What????!!!!  I couldn't beleive what I just heard and the Judge was trying to coach him into asking other types of questions but in the end the Judge had to rule in JDB's favor I think it was for $28k including late fees....

 

Hope this helps...

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It wasn't my case. I went to observe because I was up against Citi and Hunt and Henrqiues with the same Judge presiding. My case never got that far because they dismissed it. As I was sitting waiting for Court to start, the JDB lawyer and the pro per were talking about settlement.

 

1) Never agree to a settlement, unless it's a dismissal. This pro per says yes I would like to consider. then he threw some dollar amount at th elawyer and the lawyer says well let me discuss with my client. The Client was Dorothy Ruiz.

 

Court was in session and Dorothy Ruiz is put on the stands...She works for Credit Services of Citi in Arizona but pro per never really asked her to explain indetail what she actually does. I can tell she didn;t do the grunt of the work...her nails were finely manicured and long....wears tons of makeup and her favorite color is RED...How do I know. Where I sat in the courtroom to observe, she sits right in front of me....of all places ...

 

This is how prepared the Pro per was in questioning the Witness....Mam on page ??? of the statements you brought why is there a discrepancy with the charges of late fees. Based on my claculation it should be this...What????!!!!  I couldn't beleive what I just heard and the Judge was trying to coach him into asking other types of questions but in the end the Judge had to rule in JDB's favor I think it was for $28k including late fees....

 

Hope this helps...

 

Ouuch, so in this case Midland won the case for 28K ??

Also, I'm wondering if anyone knows... in the case the OC gets judgment, where do we stand ? Are we lost completely ?

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There's a thread with this discussion with calawyer and calawyer had a list of questions to ask the affiant. One of the questions I remembered calawyer says we should ask is: Were these statements generated for the purpose of this litigation?

 

Hopefully someone here can locate that discussion...

I'm wondering how that may affect things either way. I mean, why is that relevant?

Documents are typically stored electronically, so yeah, they'd be generated for the purpose of this litigation.

 

Am I missing something here?

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Printed from electronic storage is not the same as generated. Read about originals or duplicates in rule 901 (I believe).

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Printed from electronic storage is not the same as generated. Read about originals or duplicates in rule 901 (I believe).

 

 

If Dorothy were to respond by saying 'Yes' to that question (Were these statements generated for the purpose of this litigation?), does it mean we can object by saying "How do you know that these are of the same versions with the original copies" ?

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Records per the business records exception to hearsay must be generated in the regular course of business. Generating a document for the sole purpose of litigation contradicts that requirement. Rule 803(6). This rule works in conjunction with rule 901.

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They were created in the regular course of business, and mailed to the consumer. Now we are simply producing copies from the original electronic records. (at least that's what they'll claim) There are some different arguments you can use, like the fact that they did not produce the statements from day one. (they rarely do) That leaves an unsubstantiated starting balance. You can also argue against account stated because the statements do not show any prior transactions between the consumer and the creditor, be it an OC or a JDB. They show prior transactions between the consumer and Walmart, or CVS, or wherever you made purchases. Walmart isn't the Plaintiff, and the plaintiff steps into the shoes of the creditor, not the shoes of Walmart. The transactions between the creditor and the merchants is entirely different and is based upon both a merchant agreement and the contract between the bank and the consumer.

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Ok, these are all good new information for me !!

Going back to my question, do we have a recourse if the OC wins judgment ?

 

 

Two options.....pay up or appeal. "I don't like the fact that I lost" is not grounds for appeal. You have to show judicial error of some sort, that evidence was misinterpreted or deemed admissible when it shouldn't have been, or some other reversible error the court made. Very involved, lots of paperwork, very expensive and you'll lose 90% of the time. If you didn't object in court to whatever the issue was, you lose it for appeal. Even if you win, it doesn't mean the case is over.....the decision usually sends the case back to superior court for a new trial or further action. Or, you can file a motion to reconsider / reargue. That lets the court know you think their decision is crap and you're giving them a chance to change it before you appeal. Either way, you have to be on solid legal ground when you challenge a judge. How much is this for? That determines how hard they'll fight you.

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Two options.....pay up or appeal. "I don't like the fact that I lost" is not grounds for appeal. You have to show judicial error of some sort, that evidence was misinterpreted or deemed admissible when it shouldn't have been, or some other reversible error the court made. Very involved, lots of paperwork, very expensive and you'll lose 90% of the time. If you didn't object in court to whatever the issue was, you lose it for appeal. Even if you win, it doesn't mean the case is over.....the decision usually sends the case back to superior court for a new trial or further action. Or, you can file a motion to reconsider / reargue. That lets the court know you think their decision is crap and you're giving them a chance to change it before you appeal. Either way, you have to be on solid legal ground when you challenge a judge. How much is this for? That determines how hard they'll fight you.

 

 

Ok, thanks for the tips. Since they still have to work to get their money (even though they win), do they usually still open to reduced settlement ? The amount owed is 17K, and they are willing to settle for 9K.

Next questions: so at this stage, are we just typically fighting for procedural alone ? And hope the judge rules in our favor and dismiss the case ?

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Ok, thanks for the tips. Since they still have to work to get their money (even though they win), do they usually still open to reduced settlement ? The amount owed is 17K, and they are willing to settle for 9K.

Next questions: so at this stage, are we just typically fighting for procedural alone ? And hope the judge rules in our favor and dismiss the case ?

 

You seem to have a conscience problem. This is business, just business. The company coming after you doesn't care if this destroys your family, takes food out of your kids mouths and leaves you homeless. It's just business for them. You need to come to grips with the fact that it is just business with you too. If a pro sports team signed a contract with a player and there was a loophole to get them out of paying them X amount of dollars you can be damned sure they would. It's not personal. 

 

JDB's sue the wrong people all the time and do not always own the debt. Do they own your debt? Maybe. Did they sell it 6 months ago to another JDB (happens all the time)? Maybe. Do you want to pay them even if they don't own it? Think about it. Make them prove it. That's what this is about.

 

If they owed you a credit you can bet they would make you prove it. It's business.

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You seem to have a conscience problem. This is business, just business. The company coming after you doesn't care if this destroys your family, takes food out of your kids mouths and leaves you homeless. It's just business for them. You need to come to grips with the fact that it is just business with you too. If a pro sports team signed a contract with a player and there was a loophole to get them out of paying them X amount of dollars you can be damned sure they would. It's not personal. 

 

JDB's sue the wrong people all the time and do not always own the debt. Do they own your debt? Maybe. Did they sell it 6 months ago to another JDB (happens all the time)? Maybe. Do you want to pay them even if they don't own it? Think about it. Make them prove it. That's what this is about.

 

If they owed you a credit you can bet they would make you prove it. It's business.

 

 

Poster said it Citibank the OC, not a JDB. That aside, once they get a judgment against you, your bargaining ability diminishes dramatically. Why should they make a deal with you when they can legally collect the full amount? Settlements are typically made to avoid the cost of litigation. You put them through a protracted court battle and lose, now you expect them to make a deal? Not likely. You can try, stranger things have happened, but your bargaining power is zero at that point. This is not about procedure, it's about proving your case. One side will prevail. If they lose, case over forever. If you lose, look forward to property seizure, wage garnishment, bank account levies, and a debtor's exam. Flyerfan made a good point, they could care less about your financial situation. They just want their money.

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