bluejayjack

Trial is 7/19/13 time for motions has passed - When and at what point do I OBJECT!!!!!????

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Ok so I've been on the fence about settling or fighting - and after my phone call to the Plaintiff's attorney yesterday to ask if they had any new evidence or a list of witnesses to help them prove their case - the lawyer replied "Just like during the motion to compel hearing - I can only go on what I've got - which is what we provided you - Ican ask but I can only go with what the client has provided me and if they don't supply me with it then I simply don't have it to offer."  Gosh - really - you don't have it to offer - there in lies the whole problem with this case - but I digress - I was nice and left it that he was supposed to call me today - even was generous and gave my cell number to prove I'm not scared - however, so far - crickets........

 

But after posting this before about maybe settling - I think I am reconsidering - however - the time for filing a motion in limine or any other motion for that matter has come and gone as all motions had to be filed and heard 14 days prior to trial - so shame on me for that.

 

But - I have done my homework and researched state statutes and case laws to support objections to the incomplete bill of sale as misleading and gives a false impression without having any factual basis to the alleged account and note where on the bill of sale - it says it is part of an exhibit  and point out that there is no reference to the alleged account or the defendants name noted anywhere on the billd of sale - and I am prepared to argue that the credit card statements are hersay and that even under the buisness hearsay rule - they can't pass the 3 part test required to be ruled as an exception and since no witness lists were provided - point out that there is no one available to attest to the validity of the documents to pass the business hearsay exception rule and to validate for the court that these weren't fraudenlty generated and obtained.  I am also prepared to argue that in all of the discovery - the plantiff failed to show standing and rested on account stated without providing the necessary forward flow documents and complete purchase agreement containing the alleged account to show legal standing to litigate this case. 

 

 

SO.....HERE IS MY BIG QUESTION:

 

 

 

When and at what point during the trail do I object to the eveidence or do I object and instead burn them with my response to their opening statements and claim of proof to litigate?  I know that the plantiff's attorney has to make an opening statement and introduce their evidence and state why their client desreves a defalut judgement.  I also know that after that it is my turn to dispute and aruge what they have tried to point out as factual evidence and I am prepared to shoot holes in it - however. Do I just light up the holes during my rebuttal - or during their opening remarks when they present the evidence - do I object to it then and there based on the reasons I have noted?  I would appreciate some guidance on when is the best time to go on the attack and drill holes in their evidence and the claim that they have the legal right to litigate this matter on the OC's behalf?

 

For History - here are the specifics often requested:

 

Who is the named plaintiff in the suit? Midland funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Brumbaugh and Quandahl

3. How much are you being sued for? $3000

4. Who is the original creditor? (if not the Plaintiff) WAMU - then Chase


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) Sheriffs office

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? prior case in which the plaintiff voluntarily dismissed the case when they couldn't produce the documents at the motion to compel hearing

9. What state and county do you live in? Nebraska, Dakota

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2009

11. What is the SOL on the debt? To find out: December 2013

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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Trial is Friday 7/19/13

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. Yes I have done so - and it shows on the credit report that I dispute it

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? already responded - had a motion to compel hearing - summary of how it went in original posting - but never got any of documents I requested.

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. A bill of sale with no link to the alleged account or me - copies of credit card statementsOk - I have a trial date set for 7/19/13 in Nebraska. Here is some history to catch everyone up:

History

1) Served April 2012.

2) Tit for Tat discovery in which no response by Midland

3) Filed motion to compel - date of hearing - case dismissed without prejudice

Current

1) Re-served by Midlands for same debt March 2013

2) Sent discovery - no response - filed motion to compel

3) Motion to compel hearing held in May 2013- had received the response to admissions, but nothing for interrogatories or request for documents - during the hearing the plaintiff’s attorney handed me vague and obtuse responses to my outstanding discovery requests - I was provided no time to review these prior to the hearing - and when I took a moment to flip through them - I advised the judge that I objected to what they provided me as they failed to address the remaining elements in my motion to compel regarding the incomplete responses received in their reply to my response for admissions. The judge asked me for an example - and I noted the following: In their response to admissions they denied that the bill of sale was not a complete document. I indicated that in examining the bill of sale there was no reference to the defendant, or the alleged account AND it even indicated on the bill of sale itself that it was an exhibit to another document. I advised the judge that in order to complete discovery I needed the complete documentation to help me determine standing - in their response to discovery they handed me - they objected to providing me the forward flow documents or the complete documents to which they said bill of sale was noted to be an exhibit (I used the correct verbiage but the technical name for it eludes me at the moment) - the Judge indicated, that's for me to object to during the trial and prove my case - and if I had nothing further - then he was going to dismiss my case for motion to compel as he believed that the plaintiff had provided a sufficient response to my requests - HARDLY!!! But it was clear that the judge thought I was the idiot and away he sent me.

4) Since the dismissal of my motion to compel - there has been no communication between myself and the plaintiff’s attorney.

5) The trial (non jury) is set for 7/19/13. The exhibits they have submitted include an incomplete bill of sale that doesn't have my name or the alleged account anywhere and clearly states no guarantee as to the validity of the debt and that it is an exhibit to a larger document that they objected to providing me and the judge allowed. They also have about 20 copies of credit card statements with my name and alleged account number on them.

6) I have prepared myself for trial - I have researched the business hearsay laws and rules and can hit them on this for the CC statements in that in order for them to be valid and stand the test to be included as exceptions to the hearsay rules, someone has to be present to attest to their validity - and they didn't provide a witness list indicating that someone was prepared to come to attest to their validity who had personal knowledge. Also, I have the state statutes that allow a defendant the right to request a full document if the evidence presented doesn't fully provide an accurate picture and a few other state statutes that I believe pertain to this situation.

 

 

 

 

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It is better to keep the progress of your case in the same thread instead of starting numerous threads regarding the same case.

 

You should object to anything they introduce as "evidence" the very moment they introduce it. 

 

Concentrate unrelentingly on the incomplete bill of sale with no reference to your name or account and no witness from the O.C.having first-hand knowledge of your account.  

 

One more thing- never call a JDB or their attorney under any circumstances!

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I had my trial a month ago today. Good Luck to you.  Did they use breach of contract in their complaint??  If so, You tell the judge no signed contract was provided to support this claim.  I went to a few trials before hand to see the procedures. There are some on you tube too. I thought I had prepared to the fullest to be able to squash them  however the judge was unfamiliar with all the rule changes in Az so even though my trial is over there has been no decision yet. Good Grief

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Agree with Texas rocker , Never Talk to or disclose any info with these dirt bags...

I have first hand Knowledge dealing with B & Q ..... (Look at My Location).....

I've Beat'n them twice in Cuming Cnty...  I'm your neighbor to the South....

 

Secondly , They don't have Squat..... But if they do.... And they proceed to introduce it  "OBJECT IT" .... 

Familiarize yourself with:

Nebraska written Instrument Law's & Incomplete written Instrument

Hearsay Business Records , Hearsay rules ....

 

Send me a Personal Message

We'll compare notes... Have tons of Ne, Law and some good Case law to share...

 

Not Going Down

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