katbrad5

Trial on Thursday 4/10 Feeling Nervouse

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Who is the named plaintiff in the suit? katbrad5

2. What is the name of the law firm handling the suit? CACH

3. How much are you being sued for? 3k

4. Who is the original creditor? Wells Fargo Credit card - alledged joint account. I didnt know about account till divorce, my atty said not to worry he was taking responsibility in divorce 2007.  I owed him marital home equity and it was aggreed to put those equity payment on the Wells Fargo on his behalf.  Ex husband filed bankruptcy 3/20/12, Wells fargo on 3/23/13 took his name off the account in good standing and sold the debt to CACH.

5. How do you know you are being sued? (You were served, right?) yes, have been to pre trial, trial date 4/10 Small Claims Court

6. How were you served? In person

7. Was the service legal as required by your state? yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? none, only phone calls which I denied that it was my account

9. What state and county do you live in? Brevard County, Florida

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) they on March 25 2012

11. What is the SOL on the debt? 4 or 5 yrs depending o account type

12. What is the status of your case? I go to trial in 2 days  Thursday 4/10

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, they replied back with a copy of a wells fargo credit card statement, the same that was filed in the original case

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. they submitted 2 exhibits A the purchase agreement from wells fargo including 485 accounts,B  2 wells fargo statements.

My request to produce asked for the original contract with my signature from my predesessor (wells fargo) and min of 3 reciepts showing my signature.  In my response to Interogotories, I denied owning the debt, as I have NO memory of EVER signing the debt.  I am suspect my ex husband added me. They JUST yesterday Objected to my request to produce siting  overly broad, unduley burdensome, vague ect.  bull crap in my opnion.

 

My only defense is that I never recieved enrichments, never opened or signed for the card.  They have NO original paper work, as I even called Wells Fargo and asked for it and they dont have it.

they have a witness, but I dont know who from Colorado (CACH headquarters) I suspect some worker who will atest to my account. 

 

Any advise or help at this late date is helpful.  I feel 90% confident that they cant prove that I originally owned this account, but not sure what the judge will do.  thanks for reading this far.  This is an amazing website and forum.

 

 

 

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It is civil court. The standard is preponderance of the evidence. With trial being in two days, we are limited in what assistance we can provide.

Their witness will most likely be a piece of paper. Did you engage in or make any discovery requests?

You are gonna have to do a lot of objecting when they introduce their evidence. I would do a search here on objections and how you will want to phrase things.

The judge will most likely take the documents at face value and you will lose if you don't object. Be prepared for how you might answer judge's questions... Like is this your account?

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It is civil court. The standard is preponderance of the evidence. With trial being in two days, we are limited in what assistance we can provide.

Their witness will most likely be a piece of paper. Did you engage in or make any discovery requests?

You are gonna have to do a lot of objecting when they introduce their evidence. I would do a search here on objections and how you will want to phrase things.

The judge will most likely take the documents at face value and you will lose if you don't object. Be prepared for how you might answer judge's questions... Like is this your account?

I did engage in a discovery request for the original documents showing a signature and a minimum of 3 reciepts showing my signature. I JUST recieved their OBJECtioN on MOnday and now trial tomorrow so dont think anything can be done about that is there? 

I do know that motion was made & granted for a witness to appear on phone from Colorado so dont think a piece of paper can appear by phone?.

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. I would do a search here on objections and how you will want to phrase things.

 

strange..I did a search in the upper right hand search box  for "objections" and only one thread came up. AM I searching in th ewrong place?

 

"there was no offer, and without offer and acceptance, there could be no contract formation" how valid is this angle?  There is NO original documents showing my signature, even the the 2 CC statements have my ex-husbands address on them, not mine (lived here 25 yrs).

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I did engage in a discovery request for the original documents showing a signature and a minimum of 3 reciepts showing my signature. I JUST recieved their OBJECtioN on MOnday and now trial tomorrow so dont think anything can be done about that is there? 

I do know that motion was made & granted for a witness to appear on phone from Colorado so dont think a piece of paper can appear by phone?.

 

They do not have to produce receipts for purchase with your signature and in the internet era if he applied online there is no application with a physical signature.

 

I would get together the divorce decree.  TODAY:  I would type up an affidavit stating WF has no records of any account belonging to you and get someone from the bank to sign it and notarize it at the same time.  (every bank has a notary and will do so for free or a small charge)  Pull your credit report(s) today and see if WF is reporting on yours.  Hopefully it isn't.

 

My testimony in court would be that the ex opened the account, it was NOT joint, a diligent search of the bank shows you owing no account to them ever.  That the exes debt was attributed to him in the divorce and once he filed BK that this JDB with NO records decided coming after the ex-wife in a lawsuit might yield some money.  Have the divorce papers and affidavit as evidence.  (make copies for court as they may keep them)  FL is not a community property state and you are not financially responsible for credit accounts he opened without your knowledge in his name would be another defense.

 

I have no idea if it will work but on such short notice it is all you can do.

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