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Case Law - Bill of Sale Admissibility


Neobane
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You are "allowed" to cite whatever you want. The question is whether or not it's binding and, if not binding, will it compel the judge in your favor. Remember, if you argue your non-binding caselaw should be considered, you leave the door open for the other side to bring in whatever they want as well.

IMO, the rule of thumb should be if you can't find anything from your lowest appeals court, you want to move UP as you move out. In other words, don't just look to the next county. Go up a level of jurisdiction as well.

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That's where I'm having a problem.  There is no case law that I can find regarding "Generic Bills of Sale" in the state of Oklahoma.  Lots in New York, Georgia, Kansas.  I don't want to cite Georgia case law just to have the other side argue that this is not Georgia.

 

The best I could come up with was citing the actual evidence rule and writing up my MTS based on the fact that the Bill of Sale is generic thus irrelevant.

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Trust me, I get it. It's just not a door I think I would open.

Is there anything from your federal district on the subject? Not great, but at least it's in the neighborhood.

I started a 'litigation guides' thread in the caselaw subforum. One of the things I put in there is titled 'ethical issues with debt collection cases' or something like that. He talks about defective business records and IIRC, he cites quite a bit of caselaw. Maybe there is something in there that might help you.

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@Neobane

 

Sometimes your search have to be less specific than "generic bill of sale".  You might try "valid assignment", "chain of assignment", and "chain of ownership".   You could also try "debt buyer" AND "debt".  You then have to read the details around those terms to see if you can apply them to your case.

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@BV80,  I'll try that.  I've wrangled with a variety of searches in Google Scholar (Debt, Relevance, Conclusory, Bill of Sale, Assignment, etc.).  I'll try those combinations tonight.

 

@Harry Seaward, I checked off 10th Circuit as a whole and then Federal.  The only "bill of sale" cases I found were one in which the defendants appeals were denied due to some issue with their attempting to strike the BoS.  I'll check to see if @BV80's suggestions bring up more cases.

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By sheer luck, I found this:

 

http://www.huddlestonlawoffices.com/wp-content/uploads/2011/05/F4772075-5-23-2011-4_22_30-PM.pdf

 

It's a ruling in Tulsa County court over-ruling Midland Funding's Motion to Dismiss.  The court determined that both the evidence submitted (likely the bill of sale and account information) and the Affidavit were inadequate evidence to prove they owned the debt.

 

Now, how do I cite this:  Midland Funding vs. Werner, CJ-2010-33, Tulsa Country Disctrict Court, OK?

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For the cite, you might call a law librarian.  Tell them you're doing a school project.  Or go to a law library, county courthouse, state supreme court library or a college with a law library section and ask or look at a Blue Book in the library.  For cases, look at OK sister states, those that border you.  They are not binding authority, but sometimes courts look to sister states for guidance.

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By sheer luck, I found this:

 

http://www.huddlestonlawoffices.com/wp-content/uploads/2011/05/F4772075-5-23-2011-4_22_30-PM.pdf

 

It's a ruling in Tulsa County court over-ruling Midland Funding's Motion to Dismiss.  The court determined that both the evidence submitted (likely the bill of sale and account information) and the Affidavit were inadequate evidence to prove they owned the debt.

 

Now, how do I cite this:  Midland Funding vs. Werner, CJ-2010-33, Tulsa Country Disctrict Court, OK?

The problem is that's a trial court's opinion (not caselaw) and I doubt it would be binding.

What you can do, however, is draft your opposition using the logic and caselaw used in that opinion. Hopefully the judge in your case subscribes to the same school of thought as the judge that wrote that opinion.

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To anyone that may be interested. My name is Ehud Gersten, and I'm a consumer lawyer based in San Diego, CA. One focus of my firm is suing debt collectors. If you have been sued by a debt collector, like Midland Funding or Cach LLC, I may be able to help you. I have won at trial against Midland, and just settled a case with Cach with my clients being very happy with their results. 


 


You can see my website here www.gerstenlaw.com and you can also call 619-600-0098 to talk to me and see if I am able to help you. My email is egersten@gerstenlaw.com


I represent people that are being sued by a debt collector that is attempting to collect on an alleged credit card debt. 


 


Since I'm only licensed as an attorney in California, I only represent people in California. If you are from out of state, I cannot advise you.


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