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JDB summons, responded to complaint, received statement copies. what's next?


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I received a summons from a law firm representing a JDB.  I responded to the summons with denials or deny knowledge of each complaint.  Then received request for documents.  Before responding I received a packet with some blurry statement photocopies.  final amount on statement does not match what they are demanding.  What should I be asking for next?  copy of any credit card agreements?  proof that the lawfirm/jdb are legally allowed to collect on this?  proof of amount that they are demanding?  all of the above?  anything else?

 

Thanks.

 

Roger T.

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ok, now I'll follow the rules and answer the recommended questions.  I don't want to give all the info right now though:

 

1. Who is the named plaintiff in the suit? a JDB
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - a local law firm

3. How much are you being sued for? 20k

4. Who is the original creditor? (if not the Plaintiff)  Citi
5. How do you know you are being sued? (You were served, right?)  Served

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

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



8. What was your correspondence (if any) with the people suing you before you think you were being sued? received a notice or two. ignored

9. What state and county do you live in?  MA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4 years ago ish

11. What is the SOL on the debt? To find out:6 years I believe

Statute of Limitations on Debts

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).  answered complaint, received request for production of documents, have not responded yet, received envelope with blurry photocopies of CC statements

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

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. - no

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. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?  I responded

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - nothing with summons.  they followed up with copies of cc statements

 

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What about the chain of custody (bill of sale showing they lack standing  :goodluck: )?  Do they have all the paperwork they need to prove they actually own the debt?

Yes, that is one of the things I am considering asking for in my response back to them.  on average how often do JDBs usually produce that paperwork?

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Thanks.  very interesting.  as someone not versed on these types of things I see that the plaintiff in my summons is [COMPANY] as assignee of Citibank.  I'm assuming that the Company is a JDB, correct?  Also, does asking for original cardholders agreements even matter?  Will a judge take that into consideration if they can't produce it?

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Anything you ask for in production of documents that they can't produce makes them look bad.  

 

This company could be a law firm or collections firm assigned to collect on the debt or they could be the JDB.  All the more reason to hit them up for documentation.  

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Anything you ask for in production of documents that they can't produce makes them look bad.  

 

This company could be a law firm or collections firm assigned to collect on the debt or they could be the JDB.  All the more reason to hit them up for documentation.  

thanks.  So i'm going to ask for proof of debt ownership, any original cardholders agreements, and proof of amount they are demanding.  Anything else you can think of?  and is there a production of documents template you can point me to?  I'll search myself but you probably know your way around this forum pretty well :)

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Do a search for discovery and you will find oodles of sample discovery requests. Your Request for Production of Documents is pretty much the most important part of discovery because they have to lay out your cards. They will object to most everything. Otherwise they will state they have requested the document from the OC and are waiting on them... This means you are still in pretty good shape. They usually have some generic computer generated statements which are conquered by hearsay objections.

 

Depending on the timeline the judge gives for discovery, you must choose whether to send your Request for Admissions and Request for Interrogatories with the Request for Production of Documents or wait and see what they produce and base your RforA and RforI's off there answers to that.

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thanks.  So i'm going to ask for proof of debt ownership, any original cardholders agreements, and proof of amount they are demanding.  Anything else you can think of?  and is there a production of documents template you can point me to?  I'll search myself but you probably know your way around this forum pretty well :-)

 

Search for Bruno's list, if I can find it, I'll edit my post.

 

Edit: Not the full list but close:

 

 

1. The alleged credit application from Account Numbers ### bearing the defendant’s signature;

2. Any signed charge slips establishing use of the Account Number ###, signed by the defendant;

3. The original written agreement in which defendant allegedly assented to the terms of the account;

4. All documents evidencing the exact date of the alleged default;

5. A complete and legible copy of the applicable Cardmember Agreement disclosed by the Plaintiff that states interest rate, grace period, terms of repayment, and all of the amendments that were made to that agreement;

6. A contract, agreement, assignment, or other means demonstrating that Asset Acceptance had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number ###;

7. Any canceled checks or copies of canceled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial;

8. Proof of mailing of monthly statements on the Account Number to the Defendant;

9. Evidence of any payment on the account, by the defendant;

10. A complete copy of both of the Credit Card Account Purchase Agreements and Forward Flow Agreements that are referenced in the Plaintiff's Complaint and "Affidavit of Account"

11. A list of all witnessed the Plaintiff plans to introduce at trial.

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Search for Bruno's list, if I can find it, I'll edit my post.

 

Edit: Not the full list but close:

 

 

1. The alleged credit application from Account Numbers ### bearing the defendant’s signature;

2. Any signed charge slips establishing use of the Account Number ###, signed by the defendant;

3. The original written agreement in which defendant allegedly assented to the terms of the account;

4. All documents evidencing the exact date of the alleged default;

5. A complete and legible copy of the applicable Cardmember Agreement disclosed by the Plaintiff that states interest rate, grace period, terms of repayment, and all of the amendments that were made to that agreement;

6. A contract, agreement, assignment, or other means demonstrating that Asset Acceptance had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number ###;

7. Any canceled checks or copies of canceled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial;

8. Proof of mailing of monthly statements on the Account Number to the Defendant;

9. Evidence of any payment on the account, by the defendant;

10. A complete copy of both of the Credit Card Account Purchase Agreements and Forward Flow Agreements that are referenced in the Plaintiff's Complaint and "Affidavit of Account"

11. A list of all witnessed the Plaintiff plans to introduce at trial.

awesome.  thanks for the info everyone.  I'm going to put something together and post it up here before I mail it off.  thanks again

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Quick question.  I've cobbled together my own discovery questions but have not sent them.  I'm going to the case mgmt. conference later this week and will discuss my intention to submit my own discovery doc.

 

question is - has anyone here ever had a case dismissed when, even prior to asking for it, the attorney for the JDB already sends you a complete copy of your CC statements?  i.e. how often when they have this info do they not have the other info that I'd be requesting (proof that the JDB can collect on the debt, proof of amount owed, original cardholders contract, etc.).  and if they have proof they can collect does the other stuff like coming up with original signed contract, cardholder's agreement, etc. even matter in the eyes of the judge?  Just wondering what my best options are.

 

thanks.

 

rtaylor

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Regardless of if they can prove that the debt is yours, they still need to prove that they have standing to collect. I would stay the course for now. A full set of statements doesn't mean they own the debt. 

Thanks Spikey.  definitely going to stay the course.  I just wanted to see if any experienced members here had an idea of how often a JDB that has CC statements would not have the other documentation I'd be requesting.  I.e. is it common for a JDB that has the statements to not have the valid transfer of ownership documentation?  maybe it's a common thing that they wouldn't have it or can't otherwise produce it.  I'm just not experienced in this.  thanks again.

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