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Plaintiff's Disclosure, Need Feedback on Documents


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So I received Disclosure from the Plaintiff, and here's what the provided.

 

  1. Called Me as a witness....to ask about my use of the CC. But, it was apparently a loan....I think.
  2. A copy of the check that was given to me (they keep referring to this as a CC, but it looks like it was a loan). And it's Unreadable, other than my typed name and the alleged amount.
  3. A copy of the back of the check, that has a signature that's allegedly mine. But again, it's not readable.....
  4. An OC Privacy Statement.....Not sure what this is for, it's not a contract, just privacy stuff.....
  5. Assignment of bill of sale.
  6. And a "Schedule A" document that has a ton of account numbers, and one with my name next to it.

 

So, how do I handle all of this? ;o) I can post any of this if needed.....

 

Thanks!!!

 

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I would start with a meet and confer to provide legible copies and unredacted of all documents.

 

Why not just file a Motion to Strike or Preclude all this unreadable garbage? If they can't provide proper evidence, that's their problem. I would not give them the opportunity to come up with something better.

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Why not just file a Motion to Strike or Preclude all this unreadable garbage? If they can't provide proper evidence, that's their problem. I would not give them the opportunity to come up with something better.

I was actually wondering about that....And wth is with the OC privacy statement??? It mentions nothing of a contract or does nothing to link me to the account. And there's no other identifiers on there documents other than my typed name. There are multiple people in this state with my name...whose to say they didn't do a Google search and just pick the first address for my name that came up?? ;o)

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As I read OPs posting this was disclosures and are not usually filed with the court. If they have not filed it, then there is no basis for a motion to strike. A motion to preclude maybe, but it is really early if these are initial disclosures.

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As I read OPs posting this was disclosures and are not usually filed with the court. If they have not filed it, then there is no basis for a motion to strike. A motion to preclude maybe, but it is really early if these are initial disclosures.

Correct, initial disclosure.....Plan on starting discovery next week. So this changes things then?

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And wth is with the OC privacy statement??? It mentions nothing of a contract or does nothing to link me to the account.

 

Likely the lawyer got that from the JDB and does not have a clue it is not terms and conditions because he did not read it. I would keep an eye out for them trying to use terms and conditions that suddenly appear. Then It would be time to move to strike based on discovery misconduct. A discovery request for all material intended to be used at trial would prevent them from suddenly producing the stuff they need or want.

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Likely the lawyer got that from the JDB and does not have a clue it is not terms and conditions because he did not read it. I would keep an eye out for them trying to use terms and conditions that suddenly appear. Then It would be time to move to strike based on discovery misconduct. A discovery request for all material intended to be used at trial would prevent them from suddenly producing the stuff they need or want.

So when I file my discovery, do I request the same documents they already provided?

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As I read OPs posting this was disclosures and are not usually filed with the court. If they have not filed it, then there is no basis for a motion to strike. A motion to preclude maybe, but it is really early if these are initial disclosures.

 

 

Interesting, there appears to be no requirement that the disclosure be filed with the court. However, since the court mandates that the other side provide you with their evidence, you should be able to file a motion anyway. The theory of disclosure is to avoid unnecessary discovery. Therefore, if the poster turned around and requested that which he already has for purposes of filing a motion, would that not just muck up the system? They'd only object and say "we sent this stuff to you already." I think he could file against this stuff if he wanted to. I'd say attach copies, he should be in.

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Interesting, there appears to be no requirement that the disclosure be filed with the court. However, since the court mandates that the other side provide you with their evidence, you should be able to file a motion anyway. The theory of disclosure is to avoid unnecessary discovery. Therefore, if the poster turned around and requested that which he already has for purposes of filing a motion, would that not just muck up the system? They'd only object and say "we sent this stuff to you already." I think he could file against this stuff if he wanted to. I'd say attach copies, he should be in.

Actually, since Im under $10 I did have to file with the court......As did they.

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I would not ask for the same document, but all documents they intend to use at trial that were not included in the disclosures. They will say we gave you everything and that will be the death of their case. It locks them into that position at that point.

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I would not ask for the same document, but all documents they intend to use at trial that were not included in the disclosures. They will say we gave you everything and that will be the death of their case. It locks them into that position at that point.

So should I just file a motion to strike the unreadable check and the assignment of bill of sale? What should I request in discovery, and should I still hit them with Rogs?

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Just ask for the documents the way Kent suggests, that should be all you need for now.

No striking yet? And here's another question, the current JDB is the 2nd JDB of this alleged debt. Yet they've produced a Bill of sale from the OC to them. How is that?

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Oh, that's cute. You need to get that paperwork or proof that they are JDB number two. No motions until you get all this and we can sort it out. That could be another violation, misrepresenting the chain of assignment. That is deceptive at best, limiting your ability to defend yourself by keeping this information from you. That could be big trouble for them.

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Oh, that's cute. You need to get that paperwork or proof that they are JDB number two. No motions until you get all this and we can sort it out. That could be another violation, misrepresenting the chain of assignment. That is deceptive at best, limiting your ability to defend yourself by keeping this information from you. That could be big trouble for them.

I have a settlement offer from another JDB that came in about a year prior to Asset.......No Im guessing a JDB doesn't sell back to a OC, so not sure how Asset can have a bill of sale from the OC well after the first JDB tried to settle. ;o) How do I proceed with this now? Also, this is apparently a personal loan, not a Cc. They keep referring to this as a Cc and want to question me on the use of the Cc. Also interesting, or lack of attention to detail on their part!

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  1. Assignment of bill of sale.
  2. And a "Schedule A" document that has a ton of account numbers, and one with my name next to it.

 

Is the 'Schedule A' referenced in the bill of sale? Does "Schedule A" have any identifiers on it? 

 

I ask because in my case with Asset, their bill of sale didn't reference the spreadsheet they attached. And the spreadsheet had identifiers showing it was a compiled document by Asset and not the OC.

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Is the 'Schedule A' referenced in the bill of sale? Does "Schedule A" have any identifiers on it? 

 

I ask because in my case with Asset, their bill of sale didn't reference the spreadsheet they attached. And the spreadsheet had identifiers showing it was a compiled document by Asset and not the OC.

Looks to be compiled by AA.

 

Also, I have a paid note on my settlement offer from the previous JDB on this.......The plot thickens!

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What can I do with this? Should I ask for "Exhibit B"?? In addition, how can this be valid if I have proof that another DC had this first? Not sure how they could've bought this from the OC if another DC had it?? Is a DC contracted by the OC, or do they purchase it as a JDB would?

Any opinions here?

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