Admissions request

[sandcrab]

Hi from the sandcrab. Just recieved a packet from Law office Joe Pezzuto. It asks many questions.

2.you signed the original application for the card. 3. you used the card to make purchases and advances on the card.

4. defendant applied for card.5. defendant was issued card.6-8 say defendant used card for cash advances

the next one says subsequent to activation of the card defendant defaulted under the terms of the agreement.

16. Plaintiff is the current owner of account.18. defendant didn't object to monthly billing statements.

They sent a copy of the original application with my signature on it. Last payment was may 2010.

They sent an affidavit from a records specialist who works for CACH llc, He says he is familiar with cach record keeping

practices and is familiar with defendants account. So I was wondering what is the best next step to take.

Thanks from the sandcrab.

[Clydesmom]

"They sent a copy of the original application with my signature on it."

 

THIS ^^^^^^^^^^^^^^^^^^ is going to be a big problem.

 

2.you signed the original application for the card. Because they have the original application with the signature you have to admit this.

 

4. defendant applied for card.   Because they have the original application with the signature you have to admit this.

 

6-8 say defendant used card for cash advances  If you have never used the card for cash advances deny this.

the next one says subsequent to activation of the card defendant defaulted under the terms of the agreement.

16. Plaintiff is the current owner of account.  DENY.  Plaintiff has not provided defendant with documentation sufficient to prove legal standing by which defendant can reasonably draw this conclusion.

 

"So I was wondering what is the best next step to take."

 

You are going to have to attack their standing to sue because they appear to have enough original records to prove you opened an account.  Start working on that.

[Credator]

Hi from the sandcrab. Just recieved a packet from Law office Joe Pezzuto. It asks many questions.

...

 

They sent a copy of the original application with my signature on it. Last payment was may 2010.

They sent an affidavit from a records specialist who works for CACH llc, He says he is familiar with cach record keeping

practices and is familiar with defendants account. So I was wondering what is the best next step to take.

Thanks from the sandcrab.

Lacking a properly done affidavit by the OC to bring a "copy of the original application with my signature on it" into admissible evidence, the JDB will likely rely on the admission by the OP to enter the copy of the application as admissible evidence. There may not exist an "original application with a signature on it". I am very skeptical that a JDB would ever have an "original application with a signature on it".

 

Depending on the terms, amount of alleged debt, and availability in the applicable agreement some have pursued private contractual arbitration in an attempt to scrape a JDB off their tail.

 

JDBs *may* refuse to pursue a high cost arbitration where the business pays most of the costs and the arbitration clause has favorable terms to the consumer. If available and pursued it is a bit of a gamble IMO. The gamble I see is, that once arbitration is successfully compelled in court, I believe if the business pursues all the way through to a final arbitration hearing they will most likely receive a favorable award. A favorable arbitration award is a simple motion away from conversion into a judgment in court.

 

Standing is that defense that appear most successful from what I have read on JDBs. I would want to make sure I have a nice selection of affirmative defenses (likely inclusive of SOL) filed with my answer. I would also want to timely serve 26.1 disclosure and propound discovery on the opposing party.