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Court Date with Cavalry Next Week


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I have a court date for a "Conference" next week with Cavalry.

I have no idea the process for a conference, what to expect, say, or do.

Very worried.

I am being sued by Cavalry. The OC is HSBC.

Amount of claim is about $1300.

This is Hamilton County Courts, OHIO.

There is no jurisdiction or statute of limitations violations.

I answered original claim with denials.

I since received and responded to about 20 pages of Interrogatories, Request for Production, etc.

I sent Cavalry with a Request for Production of Documents, Interrogatories, etc...

I have not received their reply, but it has not hit the required 28 days. But within a day or so of that.

So, how do I go into this, especially if I haven't received their response. I mailed it out on December 4, certified mail.

What is a "conference"?

All my notice said was a conference has been set for January 8 and any motions will be heard at that time.

I have no idea......and that worries me because I want to be armed and ready.

Please any help is appreciated!!!!

I

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Their "exhibit a" was a Statement of Account . This was one sheet created on Cavalry letterhead stating date they purchased account, amount owed, and interest.

It had an old, but recent address of mine on it.

I denied or made objection to any thing that asked or stated I owe them money. It was 20 plus pages of questions...

The only types of questions I admitted to where items such as....Yes, I do live in Hamilton County.

Aside from me wanting the whole thing to be dismissed,

What types of motions to I go for?

So far this has been straight forward....

They say I owe money, I say I don't owe them.

I have replied denying I owe.

Requested from them proof beyond their own records that I owe money, that I owe THEM money, and proof of amount, etc...

Do I need to have written copies of requests or motions?

Are they allowed to interrogate me in a Pre Conference?

What am I allowed to say? Not say?

What are types of Motions that could be used in a case like this, and at this juncture?

I don't have a PC so I will see what I can do to give more specific info on what they have sent vs. What I have replied and sent them. It was lengthy, and typing on phone is tedious. If there are specifics you are wondering about other than a word by word replay so far let me know.....

Any thing I can do I will.... I appreciate your help.

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This is a pre-trial conference.  The objective is to get the parties to settle.  Unfortunately, the courts in Ohio can be somewhat coercive in encouraging the parties to settle (which in a case like this, means you pay them).

 

See the posts in this thread for some insights on this:

 

http://www.creditinfocenter.com/community/topic/322483-how-to-recite-case-law-in-court/

 

I would not file any motions at the conference, unless the plaintiff's attorney does not show up.  Then I would move to dismiss the case.  You would need to file motions (other than this one) in writing, and give the plaintiff a chance to respond.

 

You should look into the arbitration strategy.

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This is a pre-trial conference.  The objective is to get the parties to settle.  Unfortunately, the courts in Ohio can be somewhat coercive in encouraging the parties to settle (which in a case like this, means you pay them).

 

See the posts in this thread for some insights on this:

 

http://www.creditinfocenter.com/community/topic/322483-how-to-recite-case-law-in-court/

 

I would not file any motions at the conference, unless the plaintiff's attorney does not show up.  Then I would move to dismiss the case.  You would need to file motions (other than this one) in writing, and give the plaintiff a chance to respond.

 

You should look into the arbitration strategy.

 

Isn't the OP too far into litigation to demand arbitration?  I should think a demand for arb would have been his answer.  In Ala and in other states, if you have "substantially" invoked the litigation process, you cannot demand arb.

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OK.....I have never been to court for anything.

So....if they try to get me to settle.....does this mean they will directly ask me questions?

If so.....if I openly discuss settling in court, what does that say about the fact that I have clearly denied any thing around this debt?

How do I stand behind my denial if they whip out a bunch of statements with my name on it? Cavalry to this moment has not provided me with any of their documents so I have no idea what they have or don't have?

What can I do in lieu of any new information presented by them that I have no time to review a defense?

And specifically how do I say any such thing to the court in court appropriate language????

As this is not A trial, should I expect a direct line if questioning about the facts?

Is this really the place to be needing to cite case law .(read Nob's link)

Like I have said.....so far I have denied recognizing the account. I said they have not provided proof of existence of this account or my responsibility to it, the proof of accuracy of debt, or validity behind their right to pursue collection from me. All of my ROAs, requests for production, and interrogatories I sent them was directed at them proving any and all if the above.

I have not dug into any case precedence thus far.

I had same scenario different debt/JDB before who opted to dismiss after my request for discovery, so I haven't had the displeasure of getting thus far.

Three days to go.

Help. Please.....thank you.

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3 days to your conference?  When is your trial, and did you request discovery.  I know you said you asked them for proof beyond their own paperwork, but did you do it in court legal format--Request for production of documents, admission requests, or intergorratories?

If you did as for documents, what did you ask for.

 

If you just asked them to provide you with proof, and you were not specific, and you didnt send it on court paper, they will probably have ignored your request.  They will probably say it was to broad, they didn't know what you wanted.  You need to be specific.

 

Do you have access to a computer?  You can probably use one at your local library.

 

If you did not send them proper discovery requests, I would at the pre trial conference ask the court for an extenstion of time.  You can state your reason as you have discovery issues you would like to clear up, you did not recieve responses to your requests, and you realize you may have made an error in what you were asking for as plaintiff feels it is to broad.  If you can get the extention of time we may be able to help you make proper requests, and see what they actually have on you besides their own paperwork, and how to dispute what they do have.

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I sent by way of certified mail specific requests and interrogatories. I am not at home to list those right now, but will provide them for you this evening.

As far as I know, I followed rules by mailing types requests by way of certified mail. I don't believe the court requires to be included in the discovery portion of process.

I did send my original Answer through courts.

No trial date has been set. This is why the Conference has confuses me. In my other case that was dismissed a trial was set 7 months out from date of original complaint, but never got there because JDB dropped it after I sent my requests.

I did model my requests after listings from these forums....so I don't believe them to be too broad....but will let you tell me once I post them.

The conference date was set very quickly, only about 3 months from initial complaint. I didn't even get JDB s request for discovery until about mid-November.

Will post my list in a few hours.

Thank you

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I really do appreciate your help. I work full time, & I am a single mother. So I have limited resources and support in terms of childcare. So even going to a library can be challenging to do with a toddler. This entire situation has put a significant strain on me emotionally and logistically in terms of what to do. I think I have taken for granted my first success with the other creditor hoping that this one would clear up quickly like that one did. Unfortunately the timing of the Conference versus the very narrow time for Discovery has complicated this further.

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First, please read through all the posts in the link I posted.  While the title is about citing case law, there is (a few pages in) info on pre-trial conferences, with horror stories (mine and the OP's in that thread).

 

The gist of it is the court will try, sometimes very hard, and with obvious bias toward creditors, to get you to settle.  You need to resist this, stand your ground, and insist on a trial.

 

Yes, it might be too late for arbitration, but if things look bad after the pre-trial, it might not hurt to go for that "hail-mary" pass.

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Request for production:

1. Provide the original credit card application signed and dated by defendant establishing the account as referred to in the complaint.

2. Provide all charge slips bearing the Defendant's signature which establish use of the alleged account.

3. Provide the original and complete written agreement in which the defendant allegedly assented to the terms of the subject account.

4. Provide a complete history of the subject account from date of origination, establishing the legitimacy if the balance sought by the Plaintiff.

5. Provide any document with direct relevance setting for the choice law provision.

6. Provide any documents the plaintiff intends to introduce at trial which establishes the exact day the subject account went into default.

7. Provide any documents produced by plaintiff in normal course of business which states and defines the exact statutes the choice law provision seeks to enforce.

8. Provide any letter, snails, notes, statement, receipts, cancelled checks, and other documents with regards to the subject account the plaintiff intends to introduce into trial.

9. Provide bill if sale verifying plaintiff's entitlement of the subject account which includes the defendant's name and full account number.

10. Provide any proof of mailing monthly statements for the subject account to the defendant.

11. Provide any documents evidencing that the defendant retained monthly statements for an unreasonable amount of time.

12. Provide any documents produced by the plaintiff in the normal course of business defining "unreasonable amount of time"

Interrogatory:

1. State the name, address, and telephone number of all witnesses the plaintiff will expect to testify at a trial of this action.

This is what I sent December 4th.

Haven't gotten response. I requested in accordance with Ohio law a response within 28 days upon receipt.

I used certified mail.

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Nobk4me.....thank you. I read further in. I will have to write some of that down to have on hand ....especially motions and objections.

I am in Hamilton County Ohio.....you are in Ohio?

Any tips on court rules I may need to know, please share.

I believe I am in a judges court, not magistrates. Of course it doesn't sound like that matters.

Thanks.

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I don't know Ohio rules or how things usually go down in Ohio, but you're fighting a JDB. It seems like no matter where you live, the rules of evidence should require them to produce admissible evidence in the form of a contract that binds you to them (even if by sale/transfer of the debt), proof that charges were made in accordance to the agreement and proof that the original creditor sold their rights to Cavalry.

I'm not sure why people are suggesting arbitration on this. Maybe they know something I don't about how JDB cases unfold in Ohio.

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Just had Conference today.

It was myself, Cavalry attorney, and the judge.

The judge immediately started by saying to the attorney, " You know my position on these general assignees. Where are you in getting specific evidence showing you have specific assignment from HSB?"....he looked at Hus file and questioned HSB....and said, "HSBC.....what is HSBC?"

The attorney said he didn't know. The judge asked me if I knew, so I just shrugged my shoulders.

The judge went back to the attorney and asked again.

The attorney said they are working on it. The judge asked how long it would take. The attorney said he didn't know. The judge said they had 60 days and then had us confirm a date in March.

After that the judge asked how Discovery was proceeding and the attorney said I had replied with denials.

The judge said OK and said again his position on general assignments and that the attorney needed to get specifics.

I then asked the judge for a moment in which I explained I had by way of registered mail sent a Request for Production of Documents to which there was no response.

The judge said he had not received it. He then said to me, " I cannot tell you how to practice law, but unless you send your motion through the courts it won't be heard."

I said I would and then asked to clarify if the day in March was a trial or conference. The judge said while looking at me, "That will be a meeting....the way this works is they need to prove their assignment...." and he turned to the attorney and said, "or this will just go away.". He turned back to me and repeated," these things often go away if the court doesn't get the information it needs. But if it does the onus is on you."

And that was that.

So now I need a slam dunk Motion for Production, Interrogatories etc......

So I can get this right.

Please and thank you for all help past and future.

Oh yeah.....the attorney tried to say that HSBC was one of those, "GE swipe card things" after the judge had re directed his conversation.

The plaintiff didn't even know HSBC?!

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This is great news - you have a good judge who hates JDBs!!!!

 

He is putting the burden of proof on THEM to prove standing - this is great!  At this point I would not advocate arbitration.  Stay in court and the case will probably be dismissed.  It sounds like the judge is giving them 60 days to prove assignment, and if they don't, the case will be dismissed.

 

The judge's comments on discovery were puzzling, though.  Usually, discovery requests are not filed with the court, just between the parties.  However, it sounds like this court wants them to be filed.  So I would do so.

 

You already send the plaintiff discovery.   Maybe file a copy of that with the court.

 

And, if the plaintiff's attorney doesn't even know what HSBC is, that is good - how can he get proof of assignment if he doesn't know where to contact the OC?

 

Oh, another thing.  HSBC's credit card business was sold to Capital One.  So if by chance they do get anything on the account, it is likely to come on Cap One letterhead.  So make them explain how Cap One is now HSBC, and how their witness will be able to testify on the records and practices of HSBC.

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Thank you.....yes, a clear disapproval from the judge.

Now....I am in Cincinnati, and lawyers based in Columbus. This guy that showed up is probably low low on totem pole, and was just there to collect a default judgement. Of course, he was poor representation. Now that I have had time to digest what happened, I am not surprised by attorney.

I am surprised by judge's statement on my Request for Discovery, too. I have read court rules, and agree that that stage can be done independently of courts. So it is puzzling, unless this judge wants to help ensure my success or that everyone is minding their P's and Q's.

So, I did post earlier in this thread my request for discovery..... I almost feel like I should step it up and really nail them as early as possible, in case of trial.

Especially with the Cause of Action angle and provision of law. Judge dropped me a big clue letting me know the assignment was flimsy at best. Also, forcing them to lay trail on the ownership...... this may not be the first JDB the account has gone to.

Please advise on opinion of this idea....

And how can I make it more intensive and detailed??

I don't know how file it through court to ensure it makes it to judge, but I will have to ask court. Want to get this out in case I have go for Round 2 in discovery phase.

Oh....and thanks for insight on HSBC/Capital One!

Thanks again!! (I feel the holes in my stomach healing a bit!)

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I think the judge was hinting for you to compel production of documents, that is what he meant you had to go through the court to get a motion heard. If it has been more than 30 days since your requests, see in your rules if you need to send a meet and confer, if not, file a motion to compel. If they don't send it by your next conference, maybe you can orally ask for sanctions. Have a motion prepared to take with you.

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Thank you.....

I just read parties are not required to go through courts for Discovery unless in a Motion to Compel.

So, does this mean I have to attach my original Request for Production with Motion to Compel?

Can I still send out yet another one, one that digs deeper than the list you saw posted above???

How should I time that if yes?

I don't think I should wait until next conference to Compel. I sent this out December 4th, and requested response (in accordance with rules) for 28 days upon receipt. So time is up.

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