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Court compels JDB for complete Bill of Sale

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Good Afternoon Folks,


Been a while since i last posted and you may be familiar with my current south carolina case against midland funding.. That's still on going and going quite nicely with the attourney i hired to take care of. ill post details and updates to that case in appropriate forum later.


However I have been helping my Wife Pro se a Troy capital case of hers for the past few months. Here is the low down and current situation ending with a small victory and question.


Troy Cap. (JDB)

Chase (o.c.)

south carolina



1 Answered complaint

2 sent production request

3 Answered plaintifs admissions, production, rogs,

4 Answered plaintiffs second set of addmisions

5 they send her a stack of statements, one sheet bill of sale with no names or account numbers on it. (The closest thing my wife and i can thing the bill of sale is for the Account of Sally's bill of sale of sea shells from the sea shore.).

6 they file motion to compel discoveries with court

7 She files a Defendents response and objection to plaintiffs motion to compel discovery.

8 motion hearing was set for today and we both attended and she alone punched the opposing Lawyer in the beans and we walked out with maybe a small victory so far. Here is how it went.


We show up a bit early, we see an older looking guy with a folder with my wifes name on it. It wasnt the regular young guy. She got nervous because we found out it was the owner of the law firm the other young guy is from. The name of the lawyer (is what grits are made from).I dont wont to say his name over the net. I was like Great! they send out the bulldog.


We all sit down at the hearing, it was all non formal around a confrence table. after greeting and talking about the carolina gamecocks The judge asks "ok i havent read the case yet so why are we here? fill me in. My wife turns to opposing lawyer and asks "OK Mr. lawyer what information or documents are you needing from me to satisfy your discovery request that brought this compel motion into the courts?" ...old iron clad just sat there...Then busts out with "you know i know the plaintiff pretty well and they are willing to settle on the matter". ..The Judge was like What?? clears his throat and turns to my wife and asks "Why not just settle mam?" it happens like that every day here. She said she could show that the plaintiff has lack of standing on the claim. He said How? She was hesitant to pull the ACE from her sleave but the judge asked her to almost explain why she was disputing. The opposing lawyer pulls out that one page Bill of Sale and says, this is why. He kept it close to him but the judge reached over and said "Let'me see that Sir." and taking it out of his hand. While the judge read it, the lawyer on the other side of the table kept hampering on about settlement, settlement and how much it will cost to lose, so just settle.


THEN!!! Out the blue my wife asks Lawyer "Mr. Lawyer where is the documents and other items i asked for in my requests?" Again old Iron Clad just sat there....Then the Judge turned to Lawyer and said "You brought a motion to this court about discovery and still havent said what you need to satisfy your requests, and now i find out you havent followed through on delivering discovery to the Defendent?" The judge was getting annoyed at this point. (Really the opposing lawyer, has hoping She didnt show up to the hearing)


My wife said that bill of sale is bogus. He said "it's good but just not the 4" thick version". The Judge said fine! Plaintiff? Your motion to compel discovery against the defendent has been dropped, as he waved to his assistant he said "I move on this court to order the Plaintiff to retrieve said 4 inch thick version of bill of sale in 30 days time" Have a great day, then told us a really good BBQ joint that just opened up near the Court House. :-)


So, Question is. Does anyone know of this 4 inch thick version bill of sale that could cause a kink in my wifes case? or is it smoke and mirrors?



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Way to go!   If you're up against the law firm I think would be handling this case, I know they're not used to your kind of fight.


The complete agreement might include that the OC does not guarantee the accuracy of the accounts.  So, if the JDB provided an OC or JDB affidavit stating the account records are accurate, I'd argue it conflicts with statement in the agreement...the very statement included by the OC.

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It is often called a "forward flow agreement" and is the entire agreement between the OC and the JDB.  It has great stuff in it sometimes like no warranties as to the accuracy of documents transferred from the OC to the JDB, the amount paid for each account (irrelevant but fun), etc.  THey really, really don't want to give this to you and will dismiss if they are able to under your court's rules.

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  • 5 weeks later...

Update: Bill of Sale


Happy Good Afternoon Folks!


Just wanted to update you guys on the Status of this post. 


So remember a month ago i posted that the Wife and I attended a hearing for motion to compel defendent and the court ordered the plaintiff JDB Lawyer to be compelled for complete bill of sale. (Complete forward flow agreement)?


Well today is the 30th day as instructed by the motion to respond per judge's order and the JDB hasn't provided squat! Today we will go grill some patties and weenies at my Nieces BDay party and tomorrow we will draft a motion to dismiss and memo in support of dissmissal :punknanner:  Looking good my friends!!!


Will update soon in regards. Where is my ELO disc? "Mr. Blue Sky" would be a great tune to play right now!!! xtookewlx

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make sure you include "with prejudice" :)  They will try to do it without, but if it takes both parties, I would not settle for anything but with.  That way they cant keep harrassing you for the debt, cant refile later hoping for a different ruling, et all.  (they might not refile, but could still send you dunning letters over and over)

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OK Folk, Still havent wrote up a motion to dismiss. Question is, How do i? It's based on South carolina Rules of not responding motion to compel by orders of the Judge to plaintiff. They havent sent the completed bill of sale. (forward flow agreement) and it's been past 30 days.


Do i have the evidenve precluded or strickened from the proceedings? or do i just file a motion to dissmiss? Help!

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I would motion for sanctions. Lawyers always love to have those motions dropped on them, especially when they are violating a court order. The sanctions should include exclusion of all evidence of sale and transfer of the alleged account. Then they are left with no standing, even though they have no standing to begin with.

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