dlee5853

Pre-Trial Fast Approaching in Oklahoma

Recommended Posts

So, I've had many threads over the last couple of years on this forum. I'm going to try to put everything together in one place now and see if I can get some help with this lawsuit and get it over with. So please bear with me, it's quite lengthy and I'm going to try to post everything that I can, so here goes:  

 

Information on lawsuit first:  

 

 

1.       What is the name, address, phone, email and fax number of the defendant?

 

ME

 

2. What is the name of the plaintiff?

Convergence Receivables, LC of Cedar Rapids IA

 

3. What is the case number?

- Case Number

 

4. What is the name and address of the attorney who signed the complaint?

- Name:               Stacy Burton Jr.

- Address:

 

Hood & Stacy, PA

216 North Main

Bentonville AR 72712

(479)273-3377

 

5. Is the complaint a petition to confirm an arbitration award? If yes, describe the documents that were filed in response to the petition to arbitrate BEFORE it was filed in court.

NO

 

6. On what date were you served with the summons and complaint?

- Date:                  August 27, 2011

 

7. What was the last day you had to file a written answer according to the summons?

35 Days, which would be October 2, 2011

8. On what date did you file an answer?

- Date:   September 20, 2011

 

9. Did you deny every numbered allegation in the complaint and file your written answer with the court within the time limit as well as pay any filing fees?   YES

 

10. Which of the following was included in the complaint?

- Copy of a credit card agreement                                                                           NO

- Copy of credit application showing defendant’s signature       NO

- Copy of any check                                                                                                       NO

- Affidavit of witness for the plaintiff                                                                    YES---Notarized out of state and no complete address of the affiant.- --Monthly statements                                                                                            NO--- Not included with Complaint

YES---Attached on Motion for Summary Judgement

 

11. Describe any other exhibits or attachments that were included with the complaint:

 

None

 

12. Check each item that applies and include the date as indicated:

- Plaintiff sent me Requests for Admission on this date: NONE

- Plaintiff sent me Interrogatories on this date: April 18, 2013

- Plaintiff scheduled my deposition for this date: None

- Defendant answered Interrogatories on this date: NOT YET

- Defendant answered Requests for Production on this date: NOT YET

- Defendant gave his or her deposition on this date: NONE

 

 

13. List the complete title of each motion filed by the Plaintiff and the date of the certificate of service or post mark date for each:

 

Plaintiff:           Complaint    Dated:  August 27, 2011

 

Defendant-:     Notice of Appearance_____Dated:_9/20/2011

Defendant:         Certificate of Service                     Dated:  9/20/2011

Defendant:         Answer and Affirmative Defenses          Dated: 9/20/2011

 

Plaintiff:              Motion for Summary Judgment               Filed  Dated:  10/25/2011

Plaintiff:              Brief in Support of Plaintiff’s Motion for Summary Judgment  Filed on  10/25/2011

 

Defendant:         Opposition to Plaintiff’s Motion for Summary Judgment            Filed on 11/29/2011

Defendant:         Motion to Strike Affidavit and Supporting Exhibits in Support of Plaintiff’s Motion for Summary

                                Judgment  Filed on December 6, 2011

 

Court:                   Hearing scheduled for 5/31/2012-----delayed until  May 28, 2012 at 1:30 to hear the Motion for Summary Judgment

 

***************************************************************************************************   Here is the run down from the court case  *****************************

 

08/15/2011

FILE AND ENTER PETITION

$163.00

 

(Entry with fee only)

$6.00

 

(Entry with fee only)

$2.00

 

Oklahoma Court Information System Fee - Effective 07/01/04

$25.00

 

LENGHTY TRIAL FUND

$10.00

08/15/2011

SUMMONS ISSUED to ME PSL RETURNED TO ATTORNEY FOR SERVICE.

$5.00

09/12/2011

SUMMONS RETURNED SERVED to ME  8-27-11 BY PSL ELLEN BUCKNER.

 

09/20/2011

ANSWER

 

09/20/2011

PRO SE NOTICE OF APPEARANCE

 

09/20/2011

CERTIFICATE OF SERVICE

 

09/20/2011

ANSWER FROM ME

 

10/28/2011

BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY

   

JUDGMENT

$50.00

11/29/2011

OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT

 

12/06/2011

MOTION TO STRIKE AFFIDAVIT AND SUPPORTING EXHIBITS IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT.

 

04/19/2012

NOTICE OF HEARING SET MAY 31 2012 @ 1:30 PM

 

05/10/2012

CM:LP:5-10-12:DUE TO SCHEDULING THE ABOVE STYLED CAUSE CURRENTLY SET FOR HEARING ON THURSDAY MAY 31 2011 HAS BEEN CONTINUED TO THURSDAY JUNE 28 2012. HEARING REMAINS SET AT 1:30 PM BEFORE JUDGE. PLEASE MARK YOUR CALENDAR ACCORDINGLY.

 

06/29/2012

CM:LP:6-28-12:MOTION DENIED. SET FOR TRIAL ON 7-12-12 @ 1:00 PM. PARTIES ADVISED TO HAVE WITNESSES PRESENT

 

06/29/2012

CERTIFICATE OF SERIVCE

 

06/29/2012

DEFENDANTS REQUESTS FOR ADMISSION AND REQUEST FOR PRODUCTION OF DOCUMENTS

 

07/05/2012

APPLICATION FOR CONTINUANCE

 

07/12/2012

ORDER

 

07/20/2012

AFFIDAVIT OF MAILING

 

09/27/2012

PLAINTIFF CONVERGENCE RECEIVABLES LC'S WITNESS AND EXHIBIT LIST

 

10/02/2012

PLAINTIFF'S CONVERGENCE RECEIVABLES, LC'S SUPPLEMENTAL LIST OF EXHIBITS AND WITNESS

 

10/04/2012

PLAINTIFF'S MOTION TO SET ASIDE AND STRIKE THE UNSIGNED FILING ENTITLED ORDER FILED ON OR ABOUT JULY 12 2012

 

10/04/2012

ORDER FOR CONTINUANCE 10-4-12 @ 1:30 PM

 

10/05/2012

CM:LP:10-4-12:MOTION TO VACATE JUDGMENT SET 11-1-12 @ 1:30 PM. SENT COPY TO HOOD AND STACY AND ME

 

10/19/2012

OBJECTION TO PLAINTIFF'S MOTION TO SET ASIDE AND STRIKE THE UNSIGNED FILING ENTITLED 'ORDER'

 

10/17/2012

ORDER FOR HEARING 11-29-12 @ 1:30 PM

 

10/24/2012

NOTICE OF HEARING AND AFFIDAVIT OF MAILING

 

11/01/2012

CM:LP:NO CSR: 11-01-12 MOTION TO VACATE JUDGMENT: NO APPEARANCES. STRICKEN.

 

11/05/2012

PLAINTIFF'S REPLY TO DEFENDANT'S OBJECTION TO PLAINTIFF'S MOTION TO SET ASIDE AND STRIKE THE UNSIGNED FILING ENTITLED ORDER

 

11/30/2012

CM:LP:11-29-12:SO TO BE PREPARED BY PLAINTIFF & SEND TO DEFENDANT W/N 10 DAYS. ALL DISCOVERY TO BE RE-SENT TO DEFENDANT

 

12/06/2012

AFFIDAVIT OF MAILING PROPOSED SCHEDULING ORDER

 

12/10/2012

ORDER TO SET ASIDE AND STRIKE THE UNDERSIGNED FILING ENTITLED ORDER FILED ON OR ABOUT JULY 12 2012

 

12/31/2012

SCHEDULING ORDER

 

04/22/2013

AFFIDAVIT OF MAILING PLAINTIFF'S FIRST SET OF TINTERROGATORIES REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS REQUESTED FOR ADMISSIONS AND DOCUMENTATION SUPPORTING PLAINTIFF'S CLAIMS

 

09/03/2013

ORDER SETTING PRETRIAL NOVEMBER 14 2013 @ 1:30 PM

 

09/09/2013

AFFIDAVIT OF MAILING

 

 

15. What is the date of the case management conference?  NONE

16. What is the date of the pre-trial hearing?    November 14, 2013….at   1:30 pm

17. What was the resulting judgment?

18. The judgment was the result of the following:

- A Motion for Summary Judgment

- A trial decision of court

- Other 

Share this post


Link to post
Share on other sites

Evidence Provided During Discovery from Plaintiff:  

 

1. Cardmember Agreements, actually 2 different ones...attached   

 

2. Affidavit in support of plaintiffs claim...attached... not from the original creditor but from the Plaintiff's employee

 

3. Complete credit cards statements starting with a zero balance going up to the suit amount of $16, 170.51....not included  (way too many)

 

4. Chain of Title Documents...Should go from Chase USA -->  Global Acceptance --->  Convergence Receivables....attached

This gets confusing. It's supposed to be a Bill of Sale for Chase to Global

An Assignment and a Bill of Sale from Global to Convergence and

a Purchase and Sale Agreement between Global and Convergence

Spreadsheet with redacted account numbers listed, but never marked as an exhibit and never referenced in the documents.

Cardmember Agreements.pdf

affidavit in support of plaintiff's claim.pdf

Plaintiffs Chain of Title.pdf

Share this post


Link to post
Share on other sites

Interrogs and Requests for Documents to me from Plaintiff....attached

 

Haven't answered them yet. I have them ready to send off but haven't yet. I know I missed the deadline, but I was waiting to get the rest of the Discovery documents from the Plaintiff (schedule D) from the Puchase and Sale Agreement from Global to Convergence. I think I will send them Monday morning.

 

I['m wanting to get some advice from the veterans here on what my next move should be, if any. Should I wait until Pre-Trial and bring it up or should I try to do a Meet and Confer?

Interrogs and Production Request from Plaintiff to Me.pdf

Share this post


Link to post
Share on other sites

And finally, different letters from the Plaintiff requesting different dollar amounts.

 

Please note that in July 2011, they were trying to collect $17,597.06. Then one month later they filed suit against me for a lesser amount.  $16,170.51.  Odd, even more strange is that they sent a settlement letter in January 2012 stating that I owed them $20,138.50, even though they have yet to prove their case in court. They haven't been awarded anything yet.  It just proves what BTO429 was saying in post #3 in a previous post from this thread   http://www.creditinfocenter.com/community/topic/322080-settlement-letter-asking-for-more-than-the-amount-sued/, which states:

 

 

 

"Its legal nothing wrong with it at all. But if you go to court you can turn it around on them and show the court they are

1) Not even sure themselves how much they claim you really owe

2) Using the court system to squeeze as much as they can out of you

3) Will do what ever it takes to make the maximum dollar they can off of you.

 

Present the letter to the court and present your case to cast doubt upon their claim. Your honor they file a suit for 16000 dollars but they send me a letter demanding 20000 dollars. At this time your honor I would ask the court to address this matter and if they plaintiff cannot show due cause as to why they keep raising the amount they think I owe them I would ask for motion to dismiss with prejudice because the plaintiff doesnot know what he is actually suing me for. And I would like to submit my bill for having to fight this claim when the plaintiff is not even prepared to prosecute it correctly.

 

They may explain why they asked for more, but listen closely for them to make a mistake and object to it."

Letters from Plaintiff with varying amounts.pdf

Share this post


Link to post
Share on other sites

Motion to strike the affidavit because it does not specifically mention the defendants nor is there any account number that may be used to identify the defendants alleged account. The affidavit fails to purport anything other than who the affiant works for and his job duties.

Share this post


Link to post
Share on other sites

Your honor the Plaintiff filed suit for 16, 170.51 then they send me a letter that says they are willing to settle for less but the dollar amount they ask for is 20,138.50, any one with any basic math skills can decuce that 20,138.50 is not less that 16,170.51. With this letter they claim I may qualify for a lesser amount with approval. We all know that they will want the defendant to fill out some paper work that will include the defendants personal information in order for them to make a decision.

I would state that this is also an attempt to gain private information which they have no legal right to obtain prejudgement. A persons financial condition can only be discovered if the Plaintiff seeks punitive damages, there is well settled case law that states this. All debt collection agencies and debt buyers seem to try to employ some kind of method similar to this in order to gain a person personal information, I would argue that this is willful on the Plaintiffs part. Attorneys all know that they can not legally obtain this personal information before a judgment is entered. They pray upon unknowing persons and usually gain personal information with these type of tactics. (ask the court to have them produce a copy of all the paper work they would ask you to fill out in order to qualify for the reduced amount) I guarantee it will ask you your financial information.

I would argue that this is a willful attempt to invade the defendants privacy. The debt collection industry often attempts to gain information in fraudulent manners when they know they have no right to do so. They purport to be trying to help the person settle a debt when in all actuality all they want is our financial information. We know they will sell the remaining balance to another collection agency or junk debt buyer. I ask you is this really a settlement? I would say no, it is an attempt to get money, and as much as they can with as little effort as possible. All this is, is an attempt to gain as much money as they can from a person before they have proven they even own the debt and have all rights to collect such debt. This is not much less than fraud.

Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. An otherwise non public individual has a right to privacy from intrusion into ones private affairs.

Until such an order by the court grants a party a judgment, that party has no right to invade or to even ask for the other person to give them personal and private information, especially when a person pretends to purport any other reason they may need the private information, when in fact all that person is trying to obtain IS the personal information, this would constitute a fraudulent attempt to gain information that they do not have a need to know legally.

I know I will get arguments over this. I can tell you from experience, when I was told that they had financial help available to me since I owed them money, I filled out other forms hoping to get a reduced payment and a plan to make monthly payments. But they denied me, and armed with all of the personal information they needed, filed a suit and gained entry to my bank account in the very same day. They argued that I voluntarily gave them the info. But I was not home to defend myself, I was in another country.

These tactics are fraud and we need to stop them. If they want to settle for a certain amount they do not need to know our financial condition in order for one to accept the terms. All they need to know is that we accept or not.

Share this post


Link to post
Share on other sites

Thanks BTO429!

 

Okay, but I can't really motion to strike the affidavit yet since it hasn't actually been presented to the court as evidence, right? Or can I, since it was attached to the summons?

Share this post


Link to post
Share on other sites

What's also a little ironic is that they don't plan on having the person who signed the affidavit (Dan Sauerbrel) as a witness. They stated they intended to call an employee of the Plaintiff, Charlie Litow to testify to the creation, use, accounting, default, sale or assignment, if any, and remaining balance of the account in question. Plaintiff may also call additional witness identified during discovery and any necessary rebutal witnesses . Plaintiff reserves the right to amend its witness list prior to trial.

 

Now Charlie Litow, is the person who supposedly signed the Purchase and Sale Agreement between Global Acceptance and Convergence Receivables, L.C. Basically an employee of the Plaintiff.

Share this post


Link to post
Share on other sites

Wait, I did Motion to Strike when they filed a MSJ.  Their MSJ was ultimately denied, but I don't think the judge ever ruled on my Motion to Strike Affidavit.

 

 

12/06/2011

MOTION TO STRIKE AFFIDAVIT AND SUPPORTING EXHIBITS IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT.

Share this post


Link to post
Share on other sites

What's also a little ironic is that they don't plan on having the person who signed the affidavit (Dan Sauerbrel) as a witness. They stated they intended to call an employee of the Plaintiff, Charlie Litow to testify to the creation, use, accounting, default, sale or assignment, if any, and remaining balance of the account in question. Plaintiff may also call additional witness identified during discovery and any necessary rebutal witnesses . Plaintiff reserves the right to amend its witness list prior to trial.

 

Now Charlie Litow, is the person who supposedly signed the Purchase and Sale Agreement between Global Acceptance and Convergence Receivables, L.C. Basically an employee of the Plaintiff.

That is how you question him

Do you have intimate knowledge of how Global Acceptance handles their account receivables?

How could you if you never worked for them. All you can attest to is how your company handles its accounts, there fore how can you attest to the accurateness  of Global's  alleged account, for all you know they could have made the account out of thin air and sold it to you. (He cannot attest to any of Globals business practices because he never worked for them.)

Tell me sir How does Global handle their account receivables, how do they make sure that the account that they have and are willing to sell is accurate? (Now at this point the plaintiff may object, and that is what you want, they will object stating that the witness is not competent to answer. This is where you immediately ask that the witnesses testimony be stricken from the record because the Plaintiff has declared the witness to be incompetent) It may not go that way, but I have had it happen to me so be ready for it.

  • Like 1

Share this post


Link to post
Share on other sites

Thanks BTO429!

 

Okay, but I can't really motion to strike the affidavit yet since it hasn't actually been presented to the court as evidence, right? Or can I, since it was attached to the summons?

Pretrial motions. But if you wait until the court date it will give the less time to prepare an answer for it.

  • Like 1

Share this post


Link to post
Share on other sites

Just glanced at the "bill of sale" ie. the forward flow agreement. Your note indicates that no exhibit from the OC was provided. This would appear to me to "break the chain" of custody ie the "standing" of the Plaintiff. They may technically be the owner in their own minds, but unless they can prove this from point A to point B, to point C, then they really have NO standing. This is one point to argue at court, I'd have a motion ready at court (and be ready to argue) asking for dismissal due to lack of standing to sue.

 

Unless they have something to show the originial amount of the debt, how the amount of the principle and interest was derived from the OC, I'd follow Gunny's advice about how they are not even sure what amount they are sueing for. This would add ammo to the arguement of lack of standing. Appears they are "claiming" you owe X number of dollars..how the heck do they know...I see no forward flow agreement from the OC.

 

Then I would be prepared and ready to argue "hearsay" on the business records exemption and "interograte" the affidavits...ie how, was the amount due calculated, how was the interest figured, how many people have had access and opportunity to improperly adjust said records.

 

And I wouldn't let them dismiss without prejudice, if they try, force it to a jury! I would personally try to slip in some type of  "jury nullification" if I could get it to a trial by jury...like the fact that even IF you owed the money (don't admit it) even if they got a judgement, even if they hounded you, you are unable to pay and afford to exist. Just be sure not to let that out of the bag to anyone until you address the jury.

If you fight them hard enough before court and at court, they will probably try to dismiss without prejudice. When was the the last date of default? On CC in Oklahoma the statute of Limitations to sue is 3 yrs. IF they get a dismissal w/o predice the time clock on their refiling reverts to the original date of default.

 

I am not to your stage in the battle just yet, still in the skirmishing stage. My signature line has a link to several Oklahoma law links, ya got some more reading to do it appears!

 

I will try to look at some more in the next day or two. This is just off the cuff, but it appear's they are not really prepared legally and are trying to count on upsetting you into rolling over. Also don't know your financial situation, but if you don't own property or something for them to take, I wouldn't think they would get much money for these crooks by nickle and dimeing you to death on the current low wages most are having to work with these days if they got a judgement, but work to not get a judgement.

Share this post


Link to post
Share on other sites

????

You are pushing them to a trial, the pre-trial is the hearing your going to. If they ride over you and get the judge to rule then that is that.

Your MAIN thrust at this pre-trial is to Create enough doubt so that they have to GO to trial. In other words that trialable issue's exist, that a trial is needed to sort everything out and that they do NOT have a slam dunk.

Share this post


Link to post
Share on other sites

@saytar

 

They said they plan on bringing a witness.   Will he appear at the pretrial?

Share this post


Link to post
Share on other sites

@saytar

 

They said they plan on bringing a witness.   Will he appear at the pretrial?

IF they bring the "witness" I would think so. That's why he needs to prepare for it, if he can "shadow" and cast reasonable doubt on the witness and his knowledge, then unless the judge is more or less bought off I would think that would create "trialable issues" and preclude a summary judgment at the pre-trial. If the judge believes that the Plantiff's have an airtight case he would probably grant summary judgement at the hearing.

That is why the Defendant needs to really create questions of standing and/or trialable issues,that would necessitate a trial to determine. If a summary judgement is not issued at the pre-trial, then like most JDB they will probably request dismissal w/o prejudice before the "actual trial".

 

Here in OK if the Defendant doesn't show up for the pre-trial its pretty automatic, alot of times the judge doesn't even see the case, the court clerk just issues a "technical court entry of summary judgement". I would guess that most of the time this happens the judge doesn't even know about it.

 

What I've seen in my little poduke county is that 99% of the time if issues or a fight is begun and are raised prior to the pre-trial that the JDB usually dismiss's without prejudice so they can hand off the ball to someone else. Here I'm only seeing maybe 1 out of 50 case's even answer the summon's or protest and most are noted as a, court clerk's entry of summary judgment. I looked at few of these and they don't even have the judge's signature on them.

 

The real problem I see is in the amount of money they are going for is going to make them push a little harder and further than most. Dlee's county is pretty sparsely populated, and I doubt many fight, hopefully they will not want to make a real trip to court for just one case.

 

What is curious here in my also sparsely populated, county is I watch the court filings nearly every week (we get a little rag every week with court and police doings) is that in the last 6 or 8 months I have not seen any of the usual JDB type players filing ANYTHING.....kinda makes me wonder and a little nervous, like whats up? Something big getting ready to happen or have people totally been tapped out?

Inquiring minds would love to know. I am still getting a few constant automated phone "reminders"

Share this post


Link to post
Share on other sites

Thank you both for chiming in. I appreciate the feedback.

 

@saytar  you said "  Unless they have something to show the originial amount of the debt, how the amount of the principle and interest was derived from the OC, I'd follow Gunny's advice about how they are not even sure what amount they are sueing for. This would add ammo to the arguement of lack of standing. Appears they are "claiming" you owe X number of dollars..how the heck do they know...I see no forward flow agreement from the OC."

 

 

They have a pile of cc statements starting from 0 balance to the amount of suit. But....they have no one from the OC as a witness to testify to the validity of those statements.

Share this post


Link to post
Share on other sites

Charles Litow is a junkdebtbuyer attorney in Iowa who specializes in carpet-bombing lawsuits.

 

Charlie Litow to testify to the creation, use, accounting, default, sale or assignment, if any, and remaining balance of the account in question.

 

Would he show up as a witness I don't think so, he would be of no value.

 

http://www.nationallist.com/?id=201

  • Like 1

Share this post


Link to post
Share on other sites

Charles Litow is a junkdebtbuyer attorney in Iowa who specializes in carpet-bombing lawsuits.

 

Charlie Litow to testify to the creation, use, accounting, default, sale or assignment, if any, and remaining balance of the account in question.

 

Would he show up as a witness I don't think so, he would be of no value.

 

http://www.nationallist.com/?id=201

Agreed Racecar, I see him of NO value other than shock value.

 

Notice I said IF he showed up....I doubt that he or anyone else would either and if they do, they too will be of little value as neither is "Personally responsible for maintaining the records of the OC" and the storage or maintenance of said records.

 

This is all part of the "dog and pony show" that nearly all these slime balls like to play, especially as they think we all still run around on horses and live on reservations here.

 

Dlee you just need to be ready with another motion to dismiss, probably because of lack of standing and be ready to argue IF needed. Motions don't need to be long and complex, short and sweet. Just cite the facts that one they haven't proven that the debt they have is from the OC (don't see anything assigning it originally to Convergent from the OC) = no standing to sue. Two, the affinant doesn't have FIRST HAND knowledge of the debt and the accounting of the amounts.

 

I wouldn't meet and confer with these slimes, their going to either give you requested discovery OR more like not as they don't have it.

When you argue with pigs, eventually you must realize that it does no good and the pig enjoys it.

 

Having read your stuff some more I am seeing that the judge has already denied them a motion for summary judgment once....this indicates to me that he is already seeing their case is lacking. All this other spouting about "Other witness's and this Litow" is the running of a bluff on manufactured "proof" to try and keep this case alive and hope you fold.

 

Just remember if you fight 50-50 chance you win,

 

Quit trying you have 100 % chance of losing.

 

Later.

Share this post


Link to post
Share on other sites

Don't let these clowns scare you.

 

I think your doing a great job and I believe the attorney from Iowa could be there most likely to help the other Attorney who seems to be struggling to help finish the case in their favor.(If he shows at all)

 

Your job to see that they don't.

 

The junkdebtattorney will tell you that there is no way you can win because they have what they need.

 

Never sign anything they hand you it could be a stipulated or consent judgment.

 

Its best not to talk with the other side but the Judge may have you both go in the hallway or a conference room and try to work out a settlement.

 

If he says anything to you just tell him your ready for trial.

 

THIS IS GREAT TO READ SEVERAL TIMES

How to Answer Distressing Questions Truthfully, but in Your Favor

Judge: Is this your debt?
You: Your Honor, the Plaintiff has provided no proof of this debt. To the best of my knowledge and evidence provided, this is not my debt.

Judge: Did you ever have a card with Bank A?
You: Yes, I did Your Honor, but to the best of my recollection, this card was paid off. In addition, the Plaintiff has provided no proof the debt is unpaid or even that this PARTICULAR debt is mine.

Plaintiff's Attorney - Introduction of Evidence

Spoken Statements:
if the Plaintiff is a collection agency or junk debt buyer, object to anything the attorney says as hearsay. The attorney and the plainiff do not have intimate knowledge of the creation of the debt.

Written Evidence:

  1. If the Plaintiff's attorney shows anything wasn't included in the original summons/complaint package, or wasn't provided in discovery, object on the basis that it wasn't included in discovery and cannot now be submitted. You can also object if the evidence is not authenticated, meaning that the evidence cannot absolutely be substantiated as a true copy of an original document.
  2. If any evidence isn't authenticated, object to it as hearsay. "Authenticated" means there is a letter from the issuing company stating that these are true copies of the original.
  • Like 2

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.