beckett54 Posted June 15, 2013 Report Share Posted June 15, 2013 The judge, who is not sympathetic to pro se defendants has denied Citibank's Motion for summary judgement on one issue. That they have not proved that Citibank NA is the same entity as Citibank South Dakota etc. Now after him giving them 2 extensions of time to come up with the evidence they missed the deadline and now have requested a hearing with the "plaintiff's agent" who ever that is testify live. They say they can't provide an affidavit but this person can testify. How could someone not be qualified to provide an affidavit but be qualified to testify? How do I object to this one? Link to comment Share on other sites More sharing options...
shellieh98 Posted June 15, 2013 Report Share Posted June 15, 2013 Beckett, it wold be helpful if you would keep all the info for your case in one thread, no one knows whats going on or how to advise when it is contained in multiple threads. As far as Plaintiff's agent testifying, there are questions you can ask by cross examination that will blow his testimony out of the water.Is this a suit brought by the original creditor, or a JDB? If it is a JDB, they will not be able to testify about the way the OC kept and maintained records, or even if they are the same entity. Here is a list of questions you could redact to fit your needs. http://www.creditinfocenter.com/community/topic/252142-sample-motions-forms-affirmative-defenses/page-8 Link to comment Share on other sites More sharing options...
beckett54 Posted June 15, 2013 Author Report Share Posted June 15, 2013 Thanks for your help. I will keep the threads together, unfortunately I've been sued so many times I lose track of what's going where sometimes. It's the original creditor through JB&R in Ohio. They attached a letter from the Comptroller of the Currency they downloaded off the internet as evidence of the bank mergers but there was no affidavit and the judge wouldn't allow that, so he gave them two more tries with extension of time to come up with something suitable, which they were unable to do, so now they're asking for this evidentiary hearing where they say someone will testify about the mergers. They aren't clear if it's someone from the bank or whom exactly. My position is that this is the third try. How many chances are you going to give them judge? They say they can't come up with an affidavit but they have someone qualified to testify live? If they're qualified to testify why wouldn't they be qualified to sign an affidavit? I just don't know how to put that into a motion in opposition. If anyone has a suggestion I'd appreciate it. Link to comment Share on other sites More sharing options...
shellieh98 Posted June 15, 2013 Report Share Posted June 15, 2013 Check your rules on witnesses. They have to provide you with who that is, not just say some person. You need to be able to see if that person is qualified within the company to make such a declaration, if you don't have time you can't. Get a list of questions together that can be used to impeach the witness. For example, do some corporate research, and find out what person in a corporation would be able to sign a merger. If it is someone that works for them, but has no authority, then his testimony would be hearsay. You would object to it as lacks foundation, hearsay. It has to be testimony by a person of authority. They will try to call any joe blow in, you object on the basis they are not qualified to give such testimony if it isn't in their job capacity. 1 Link to comment Share on other sites More sharing options...
beckett54 Posted June 16, 2013 Author Report Share Posted June 16, 2013 Great advice! Thanks again for all your help. Maybe someday when the economy turns around I'll be able to properly fix all these problems and go back to a normal life. In the meantime you and the people here who offer their help are angels. Link to comment Share on other sites More sharing options...
beckett54 Posted July 23, 2013 Author Report Share Posted July 23, 2013 I filed a motion in opposition to their motion for Evidentiary Hearing and the Judge says he'll hear both at the same time. What? We're having a hearing and then you'll decided if we should have had the hearing? This particular Judge has just raced through this whole case giving them whatever they ask for to the point where he's had to reverse an order once already. then I check the court website today and see that he's ordered a Notice of Sheriff's Sale! WHAT!? The case isn't even over, my home is exempt, whatever assets I currently have are exempt and he now does this? How in the world is a person supposed to fight this kind of thing? It is incredibly depressing. Link to comment Share on other sites More sharing options...
UCL Posted July 23, 2013 Report Share Posted July 23, 2013 When is the hearing? You need to push for as much information you can get from Citi about this person in time for the hearing, in addition to your own googling/research. NameEmployerTitleHow long she's been at that titleDetailed job descriptionBusiness address and phone number 1 Link to comment Share on other sites More sharing options...
nobk4me Posted July 23, 2013 Report Share Posted July 23, 2013 A notice of sheriff's sale, for a credit card case where there is no judgment? Something is fishy. I would go to the court house and ask the clerk what is going on. Note, I have observed these Ohio muni courts to be very sloppy. Misspelled names, misfiled papers, the online docket having entries from someone else's case. Maybe that is what is going on here. ETA: I assume this is a credit card case. It's not a mortgage, is it? Link to comment Share on other sites More sharing options...
beckett54 Posted July 23, 2013 Author Report Share Posted July 23, 2013 A notice of sheriff's sale, for a credit card case where there is no judgment? Something is fishy. I would go to the court house and ask the clerk what is going on. Note, I have observed these Ohio muni courts to be very sloppy. Misspelled names, misfiled papers, the online docket having entries from someone else's case. Maybe that is what is going on here. ETA: I assume this is a credit card case. It's not a mortgage, is it?Yes, it's a credit card Link to comment Share on other sites More sharing options...
beckett54 Posted July 23, 2013 Author Report Share Posted July 23, 2013 I just got off the phone with the court house asking them about this Sheriff's sale. the clerk said "oh that was a mistake, sorry". Well, thanks for the heart attack. they have now removed the notice. Link to comment Share on other sites More sharing options...
beckett54 Posted July 23, 2013 Author Report Share Posted July 23, 2013 When is the hearing? You need to push for as much information you can get from Citi about this person in time for the hearing, in addition to your own googling/research.NameEmployerTitleHow long she's been at that titleDetailed job descriptionBusiness address and phone numberThe hearing is August 5th. the "witness list is seven names, all of whom were described in discovery as Custodian of Records. Interestingly the person who provided the initial affidavit was not included in the list. The issue is Standing, the merger between Citibank NA and a long list of other Citibank entities. I don't think some low level robo-signer would have access to first hand knowledge about mergers and acquisitions. Besides the Plaintiff says they couldn't produce an affidavit, but could produce a live witness. What? How can a witness be qualified to testify by not qualified to submit an affidavit? Link to comment Share on other sites More sharing options...
admin Posted July 23, 2013 Report Share Posted July 23, 2013 I just got off the phone with the court house asking them about this Sheriff's sale. the clerk said "oh that was a mistake, sorry". Well, thanks for the heart attack. they have now removed the notice.Wow! Link to comment Share on other sites More sharing options...
Spikey Posted July 23, 2013 Report Share Posted July 23, 2013 Besides the Plaintiff says they couldn't produce an affidavit, but could produce a live witness. What? How can a witness be qualified to testify by not qualified to submit an affidavit? That is suspicious. Affidavits are testimony, if they aren't qualified to submit an affidavit, they certainty can't testify to those facts either as a live witness. Link to comment Share on other sites More sharing options...
beckett54 Posted July 23, 2013 Author Report Share Posted July 23, 2013 That is suspicious. Affidavits are testimony, if they aren't qualified to submit an affidavit, they certainty can't testify to those facts either as a live witness.That's what I thought but this judge keeps allowing them all sorts of leeway. They couldn't produce the evidence he require in their MSJ so he gave them 2 extensions of time, They didn't respond, didn't ask for leave to file anything new and then file this motion for an Evidentiary hearing, which I objected to and the judge says we're having their hearing. I'm afraid that no matter what I do I'm going to loose. Link to comment Share on other sites More sharing options...
Spikey Posted July 23, 2013 Report Share Posted July 23, 2013 I'm afraid that no matter what I do I'm going to loose. Don't give up, members of the bar always get the benefit of the doubt when we as pro se's get no slack at all. The opposition lawyer didn't show up for my MSJ hearing, the judge had his clerk call them to find out where they were. If I was the one missing, do you think they'd even bother? Of course not. 1 Link to comment Share on other sites More sharing options...
beckett54 Posted September 4, 2013 Author Report Share Posted September 4, 2013 the hearing was today. It was a joke. The judge let them enter everything they wanted, no matter that they were 3 months out of time and no matter I filed objections to everything. I'll find out how screwed I am next week. Link to comment Share on other sites More sharing options...
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