SQLguy

I Think I Just Won My Case. Need Help With Next Steps

Recommended Posts

That was actually a quote from the Supreme Court decision. I've put it in italics to make it more obvious.

I later thought it might be that. The Italics will help.

 

It looks good then.

Share this post


Link to post
Share on other sites

@SQLguy

 

1st page, 2nd to last line:

"unauthenticated business records"

Comma after "jury"

2nd page, 1st line

Comma after "knowledge".

Page 5, line 6:

"any documentation related to the Terms and Conditions..."

 

You said they've denied having a chain of custody.  There's no bill of sale?

Share this post


Link to post
Share on other sites

@SQLguy

 

In your MIL, you're arguing that the affiant can't attest to the bank records because he's a JDB employee.  What about the fact that there's no evidence that the OC sold the alleged account to the JDB?   There's no evidence that the OC sold ANY accounts to the JDB.

 

An employee of Asset Acceptance is attempting to authenticate business records that were allegedly created by the OC and that allegedly pertain to an account that Asset Acceptance has not shown was ever sold by the OC to the plaintiff.

  • Like 1

Share this post


Link to post
Share on other sites

@BV80

Correct they've produced no Bill of Sale and in their response to my Request for Production stated they were not in possession of it.

 

o_O That's a strange answer even coming from Asset. How the hell do even know they legally own the account then? Shoot, file a MTD and be done with this case, they can't prove standing at all with out a BOS.

Share this post


Link to post
Share on other sites

o_O That's a strange answer even coming from Asset. How the hell do even know they legally own the account then? Shoot, file a MTD and be done with this case, they can't prove standing at all with out a BOS.

 

Here are my requests for production. I'm at work now so I don't have their exact answers but it was something to the effect that they were either unaware or did not have possession of the documentation.

 

1.    All documents intended to be used at trial.

2.    The sales contract that establishes the Plaintiff as the owner of the alleged account

3.    Any documents related to the sale of the alleged account that reference the terms and conditions of the sale of the alleged account.

4.    The document commonly referred to as the Forward Flow Agreement or it’s equivalent.

5.     Complete Chain of Custody documentation that establishes the Plaintiff as the owner of the alleged account.

 

I definitely plan on bringing this up in my hearing as it makes no sense why they would not have this documentation and they appear to be wasting everyone's time by using their crap evidence and affidavit.

 

Share this post


Link to post
Share on other sites

@SQLguy

 

Their responses to the above indicate that they don't have the documentation to prove that they are the owners of the alleged account.  This would be the equivalent of a stranger walking up to you and saying, "I bought your car loan.  I don't have any documentation to prove it, but I own the loan, so you have to start making your payments to me."

  • Like 1

Share this post


Link to post
Share on other sites

If they haven't provided a Bill of Sale between the OC and themselves by now, they don't have a case at all. Since Utah has disclosure, it needed to be provided already.

  • Like 1

Share this post


Link to post
Share on other sites

Yeah I'm of the same thought. My only concern is what jlf2 says in his thread

 

Regardless, there had been no evidence for me to see that they had purchased my debt. the judge explained, as if I didn't already know, that this happens all of the time where bad debt is sold off to other companies and unless I had something else to show merit then he was ruling that I had no merit

 

 

I'm concerned that some of the judges here just don't care and rubber-stamp these just to be done with them.

Share this post


Link to post
Share on other sites

It's one thing for them to not have statements, since those are provided by the OC. It's a whole different ballgame not to have the bill of sale as Asset was a party to the sale. How Asset can lose it's own records doesn't speak well for the practices of that business.

Share this post


Link to post
Share on other sites

@Spikey

 

Asset was already hit by the FTC for their debt collection practices.  Looks like some new complaints need to made to the CFPB.

Share this post


Link to post
Share on other sites

It's one thing for them to not have statements, since those are provided by the OC. It's a whole different ballgame not to have the bill of sale as Asset was a party to the sale. How Asset can lose it's own records doesn't speak well for the practices of that business.

 

 

That is what really has me puzzled. It seems it would be much simpler to produce the Bill of Sale to refute the admissions than submit a shady affidavit and hearsay documentation. Hopefully the judge will feel the same way.

Share this post


Link to post
Share on other sites

That is what really has me puzzled. It seems it would be much simpler to produce the Bill of Sale to refute the admissions than submit a shady affidavit and hearsay documentation. Hopefully the judge will feel the same way.

 

An affidavit that references documents that aren't attached is literal hearsay. It's no different than writing up an affidavit that says that BV80 owes me a million dollars because I say so. It's B.S.

  • Like 1

Share this post


Link to post
Share on other sites

@Spikey

It's a hearing on al outstanding motions. So right now it would be my MTD VS their motions for sanctions and motion to withdraw admissions.

Most likely the judge will have already made up his mind by reading the arguments in the motions and the opposition to them. One of the main things is, if you have any NEW arguments for your motions or against theirs, make sure you bring them to the judges attention. Other than that; you just recite what's in your motion. It may be that you are just asked a few questions by the judge or not given much chance to speak at all.

 

I am assuming your court does not use the "tentative ruling" system? If it does you could probably go to their website and see the judges ruling before the hearing. The hearing is for you to go if you want to argue the ruling. I don't know your rules but it may be worth looking into if you don't know either.

 

Also, a motion to dismiss is very hard to win, so don't feel bad if you have to beat them the traditional way. I doubt you will have any trouble overcoming their sanctions request.

Share this post


Link to post
Share on other sites

@Spikey

It's a hearing on al outstanding motions. So right now it would be my MTD VS their motions for sanctions and motion to withdraw admissions.

 

Sorry about needing to ask. There's a lot to follow between your case and frosted's.

 

The one thing you have in your back pocket is that they haven't produced the Bill of Sale, claiming they don't have it. You may be able to squeeze that into the conversation somewhere. It's pretty damning.

 

You'll be playing things by ear in court depending on what the judge has to say along with what order things proceed in. It should go based on who filed what first but that isn't always the case. And there's no telling how much the judge has read on the case. They're supposed to read and review all the motions ahead of time, but some judges are lazy. Definitely have a summary prepared for your motion and any oppositions.

Share this post


Link to post
Share on other sites

Sorry about needing to ask. There's a lot to follow between your case and frosted's.

 

No Problem. I appreciate the help. One last question. While I was going through some old papers last night, I came across some statements from 3 separate different companies on this account. Is it a good idea to have these available and bring them up?

Share this post


Link to post
Share on other sites

 I came across some statements from 3 separate different companies on this account. Is it a good idea to have these available and bring them up?

I would want to know how that could be, but I would not bring it up. That's something you would learn about in discovery. The account may have been sold several times, this may be something where you would attack their chain of assignment and standing.

I have lost track of your case and need to read the post again, Can't remember if you sent request for production of documents or when your trial is.

Share this post


Link to post
Share on other sites

@Anon Amos

No trial date set yet. I have a hearing tomorrow on my MTD and their motions for sanctions and to withdraw admissions. I did send a request for production. They denied having bill of sale, terms of sale, forward flow agreement, and chain of custody documents. Would it be worth it to take the docs I came across to the hearing tomorrow? I have a feeling that good or bad, this ends tomorrow. I either get my MTD granted or they get their sanctions and default judgement.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.