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JDB has little paperwork, how do I get it thrown out as evidence?


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For anyone following my other posts, I was able to get al the paperwork the Plaintiff intends to introduce at trial.

 

This is for the JDB Midland Funding, being represented by Lyons, Doughty and Veldhuis in the state of Maryland against my husband for $12,000.

 

I believe our best approach would veto argue that there is not sufficient proof that he owes Midland Funding money. They did send a stack of old credit card statements so trying to say the credit card didn't exist seems foolish. Aside from a bunchof old statements here is what they intent to use:

 

1)An Affidavit from Bonnie Gohman who works for Midland Credit Management (they keep track of all the electronic records for Midland Funding. This is the typical affidavit saying that Midland funding owns the debt, she has seen the records, etc. It is the only thing that list an account number but part of the number has been redacted. She is in MN.

 

2) A Bill of Sale between ChaseBank and Midland Funding. It is for a group buy of a bunch of accounts and does not reference my husband's account specifically in any way. They have redacted any identifying information but from looking at it it is for atonal amount for the entire sale and how the money was sent.

 

3)The Closing Statement from the sale with basically nothing but a dates and Chase Bank andMidland Funding. All other info has been redacted.

 

4)An Affidavit of Sale by the Orginal Creditor, signed by Martin Lavergne. It just states that therewasa sale and that Chase send correct records. It does not mention my husband's specific account.

 

5) The credit card statements, I believe there a re 12. Some do show payments made by my husband.

 

6) A spreadsheet created by Midland Funding with the basic information about the purchased file. It does say on the bottom that they created it using the electronic records provided by Chase.

 

 

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Can I have any of this deemed inadmissible? How do I do that?

 

If not, how do we fight it?

 

I have been trying to find rules to use but I am having a hard time so advice on what to look for would be great.

 

The merit hearing is on the Jan 27th 2014.

 

 

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Hiya,

 

the first thing I would suggest is that you post all of this in the same thread.  Multiple threads will make it more confusing for the folks who are here to help.  If you can keep everything in one thread it would be helpful.

 

OK, the best way for us to address documents is to actually see what they say(and also what they do not say).  Without actually referencing the specific account, there is no way to know whose accounts they purchased. 

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For anyone following my other posts, I was able to get al the paperwork the Plaintiff intends to introduce at trial.

___________________________________________________________

 

Can I have any of this deemed inadmissible? How do I do that?

 

If not, how do we fight it?

 

I have been trying to find rules to use but I am having a hard time so advice on what to look for would be great.

 

The merit hearing is on the Jan 27th 2014.

 

You want to find and start reviewing Maryland's rules of evidence.  Code is here by the way: http://www.lexisnexis.com/hottopics/mdcode/ It's under Title 5.

 

One of the key things to review is the business records exemption to the hearsay rule. Knowing those evidence rules will allow you to properly object when they try to enter their documents into evidence at trial.

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