thaiboxgirl

CA sues JP Morgan Chase (does this help us?)

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I was just going to post that article.  A complaint is nothing more than allegations (as we all know).  But one of the allegations is very interesting.  In paragraph 20 of the complaint, the AG alleges that:

 

Defendants also engage in unlawful, unfair, and/or fraudulent acts or practices when

providing affidavits to third parties who purchase Defendants’ defaulted credit card accounts. For

example, in support of these third parties’ collection actions, Defendants provide affidavits to the

third parties in which the affiant states that Defendants sold the consumer’s account to the third

party and that the consumer owes the amount stated in the affidavit. In fact, the affiant does not

review Defendants’ books and records in a manner sufficient to support the facts to which he or

she attests, does not have personal knowledge of the facts, and does not set forth those facts with

particularity. Moreover, the affiant is not administered an oath prior to signing the affidavit, and

no notary public is present to witness the signing.

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Expect them to settle ASAP, and start selling junk debt instead of filling suit. This is the primary reason banks sell those debts, it's just a pain in the neck to go after the debtor in those huge numbers, and comply with all state rules, and laws, it's just easier to sell it. Sort of the same you'll find on a store when an tem goes clearance, it's better to sell it cheap than throwing it in the compactor, donating it, or just salvage it and send it to be destroyed and/or donated to a third party. Basically I think this is GREAT for us, cause if California AG get's them to settle and or proceeds with the lawsuit, other banks will have their eyes on this and either start selling more to JDB's or just dumping it and cease collection efforts.

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Guest usctrojanalum

Chase got too big and too greedy for their own good.  Chase has credit card portfolios in the Billions.  When you take on that much, obviously there is going to be a large amount of defaults and risk involved.  They can't possibly effectively sue every single person who defaults... it is impossible! Not even a company as big as Chase has enough employees to properly review and maintain all defaults to a Courts satisfaction and properly execute and notarize affidavits.

 

The complaint alleges that chase was filing 40,000 lawsuits per year in California ALONE. They are not nearly big enough to handle even that much volume properly. Forget about the rest of the country, and then include mortgages.

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If the records are bad at the OC level, just imagine what happens when they trickle down to the bottom feeders.

They have themselves become one with the bottom feeders- the antics described in that article look like they were taken straight from the bible of JDB standards!  

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My pre trial conference is June 30th. What should I do between now and then? Should I file a motion in limine to hopefully throw out robo-signed affidavits? For heaven's sake the Chase affidavit is signed by Martin Lavergne who was deemed a "robo-testifier" by a district court judge.

 

I need help in picking apart these documents. Anyone up for it?

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I am seriously considering, once I get a decision from the judge in my current case (my MTC VS CACH MSJ), of contacting a class action attorney about the robo-signed affidavits that FIA Card Services has provided to CACH for their under the table forward flow sales contracts.

 

I also want to have a talk with my attorney general's office. Lori Swanson has already gone after Midland in MN; I think she'd like a new target. Our laws are not particularly debtor friendly, but our attorney general, bless her heart, is.

 

In the meantime, my mantra is "I did the best that I could with what I had available. If I made mistakes, they're mine to own. Worry won't change the outcome, either way."

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I think that I'm going to go after the affidavits with a motion in limine or motion to strike. I wouldn't do a motion to preclude as they already presented the affidavits as evidence in their MSJ...am I right?

 

when is a MIL proper? Can I do one right now two months before the pre trial conference? Or do I want to do a motion to strike?

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@thaiboxgirl

 

The following link describes how and when a MIL should be sued.  However, it's from FL.  But I would think that the basics would apply anywhere.  When you get time, read it and see what you think:  Then check your own rules and case law.

 

http://orangecountybar.org/content/uploads/PDFs/BrownBagLunches_Kest/April_2012_Motion_in_Limine_Outline.pdf

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