Redacted Spreadsheet With Account Info

[beckett54]

JDB has submitted a redacted spreadsheet with basic information, partial account number, name, amount etc. No identification of who created this document. They submitted this with their MSJ and it is sworn to by their records custodian. They are the second JDB on this. It went from Chase to Global Asset Credit Company to Ohio Receivables. Any ideas on having this stricken? Hearing on Friday.

[texasrocker]

Send discovery- request for admissions,

Admit that the 'Exhibit A' (or whatever they have it labeled as) attached to this motion is not the 'Exhibit A' referred to on the bill of sale. 

Admit that the 'Exhibit A' attached to this motion was not produced by Chase Bank. 

Admit that The Defendant's name and alleged account number are not included in any attachments or exhibits referred to on the bill of sale.

Include a copy of the exhibit with your request.

 

If they deny these then send a request for production of the complete bill of sale including all attachments and exhibits including the forward flow agreements from Chase Bank to Global Asset Credit Company and from Global Asset to Ohio Receivables indicating that they should redact any information of other account holders' personal information.   When they object to all of this then file a motion to compel and schedule an oral hearing for it.

 

Have you filed a response to their MSJ?  If not you need to get that done immediately.

[beckett54]

Send discovery- request for admissions,

Admit that the 'Exhibit A' (or whatever they have it labeled as) attached to this motion is not the 'Exhibit A' referred to on the bill of sale. 

Admit that the 'Exhibit A' attached to this motion was not produced by Chase Bank. 

Admit that The Defendant's name and alleged account number are not included in any attachments or exhibits referred to on the bill of sale.

Include a copy of the exhibit with your request.

 

If they deny these then send a request for production of the complete bill of sale including all attachments and exhibits including the forward flow agreements from Chase Bank to Global Asset Credit Company and from Global Asset to Ohio Receivables indicating that they should redact any information of other account holders' personal information.   When they object to all of this then file a motion to compel and schedule an oral hearing for it.

 

Have you filed a response to their MSJ?  If not you need to get that done immediately.

I filed a response and they responded to that and hearing was set for this Friday. I'm putting my notes together for the hearing and I'll just have to hope for the best. Nothing more they can do to me anyway, I've pretty much lost everything in the last 4 years.

[ArtVandelay]

JDB has submitted a redacted spreadsheet with basic information, partial account number, name, amount etc. No identification of who created this document. They submitted this with their MSJ and it is sworn to by their records custodian. They are the second JDB on this. It went from Chase to Global Asset Credit Company to Ohio Receivables. Any ideas on having this stricken? Hearing on Friday.

 

After reading this I definitely suggest you speak with an attorney like I recommended before. Assuming you are new to all of this it may be too late to be learning everything if you have less than a week before a MSJ hearing. Go ahead and answer the questions on the other thread. Just don't wait until the last minute in the future. A lot of people have been successful winning here but most start out as soon as they are served. 

[BV80]

@beckett54

 

Does the JDB have evidence from the OC that backs up each item of information on the spreadsheet?   For instance, if the spreadsheet shows a date for the opening of the account, is there any evidence from the OC that the account was opened on that date?  If not, where did they get that date?  

 

As it is, with no identifying information as to who created the spreadsheet, it's just a piece of paper that could have been created by the JDB.  If there's no evidence to support each item on the spreadsheet, then the information on that piece of paper is unsupported.

 

All of the JDB's allegations have to be supported by the evidence.  That includes their claim of ownership of the account.

 

An assignee cannot prevail on the claims assigned by another holder without proving the existence of a valid assignment agreement. Natl. Check Bur., Inc. v. Cody, Cuyahoga App. No. 84208, 2005-Ohio-283, citing Zwick & Zwick v. Suburban Constr. Co. (1956), 103 Ohio App. 83, 84.

 

 In other words, in order to prevail, the assignee must prove that it is the real party in interest for purposes of bringing the action. Natl. Check Bur. v. Ruth, 2009-Ohio-4171, 2009 WL 2516123, at ¶ 6.

 

 

The findings of fact and conclusions of law should be clear, specific, and complete. State v. Brust (Nov. 20, 1995), 4th Dist. No. 95CA551.   In State v. Calhoun, the Ohio Supreme Court stated that "They should be comprehensive and pertinent to the issues presented, demonstrate the basis for the decision, and be supported by the evidence. State v. Calhoun (1999), 86 Ohio St.3d 279, 292.

[texasrocker]

I filed a response and they responded to that and hearing was set for this Friday. I'm putting my notes together for the hearing and I'll just have to hope for the best. Nothing more they can do to me anyway, I've pretty much lost everything in the last 4 years.

Don't just "hope for the best," it is very easy to defeat their MSJ.  All you have to do is show the court that there are outstanding material facts that must be decided at trial.  Remember you are not trying to win your case here, you are just showing the court that they cannot possibly  prevail without a trial. Their "evidence" is backed up only by an inadmissible affidavit from one of their own employees who signs stacks of these day in and day out with absolutely no personal knowledge of any of the accounts. 

 

Stand up and object to anything they say that they claim "proves" that they own the alleged account and by all means object to the affidavit.  It is garbage and they know it is, they just don't know that you know it is.

 

You actually have a better chance at winning this than most people because of the extended chain of custody.  Not only do they have to prove that they purchased the account, they also have to prove that the original creditor sold it to who they purchased it from.  This means finding and providing witnesses to both transactions.

[beckett54]

Don't just "hope for the best," it is very easy to defeat their MSJ.  All you have to do is show the court that there are outstanding material facts that must be decided at trial.  Remember you are not trying to win your case here, you are just showing the court that they cannot possibly  prevail without a trial. Their "evidence" is backed up only by an inadmissible affidavit from one of their own employees who signs stacks of these day in and day out with absolutely no personal knowledge of any of the accounts. 

 

Stand up and object to anything they say that they claim "proves" that they own the alleged account and by all means object to the affidavit.  It is garbage and they know it is, they just don't know that you know it is.

 

You actually have a better chance at winning this than most people because of the extended chain of custody.  Not only do they have to prove that they purchased the account, they also have to prove that the original creditor sold it to who they purchased it from.  This means finding and providing witnesses to both transactions.

Thank you for your help, I'll do my best and this information definitely helps. I just wish all this didn't scare me so much.

[texasrocker]

Thank you for your help, I'll do my best and this information definitely helps. I just wish all this didn't scare me so much.

That is exactly what they are counting on when they file a MSJ like this.  They expect you to just give in and settle with them.  Your mere appearance at the hearing will most likely spark a settlement offer.  Your response of, "No thanks, we'll just proceed to trial" will start the tables turning in your direction. 

 

Be sure to make a note of the case law that BV80 provided and be ready to recite it when their rent-a-lawyer says they own the account.  

[lheart]

A MSJ is not easily defeated.

 

You need to present evidense that contridicts or throws theirs into question. A mere denial is not enough.

 

Evidense can be an affidavit written by you, or any other evidense. You also need to attack the validity of their evidense. Is the spreadsheet an internal document from the JDB? If so, it has no weight to how the amount was derived.  Is it from the OC? If so, it would need a custodian from the OC.

 

Good Luck.