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being sued by Midland in NY


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I am being sued by Midland in NY for credit card debt they claim they purchased from Chase.Since I originally applied for and got the card from Bank of America, who then sold the account to WAMU, who then sold it to Chase, is Chase now considered the orginial creditor according to NYS law? Does Midland have to establish this chain of ownership in order for its assignment from Chase to be valid? I confess I no longer have any of the old statements or paperwork from BOA or WAMU. 

 

I have found a case I think may establish a helpful precedent for me, Chase Bank v. Gergis. The facts of the case as well as the parties are similar to mine, but I think most importantly, a witness in the Gergis case named Martin Lavergne, a Chase employee has sworn an affidavit in my case to the effect that the account records and assignment are accurate because he has knowledge of how these records are kept and maintained in the regular course of business. In the Gergis case, the court found there was no foundation for that claim since some of the records were not collected or maintained by Chase, so Mr. Lavergne could not have had any knowledge of them. My question is whether I can cite this in my own case, or whether I have to establish all over again that Lavergne's assertion cannot be true. In the Gergis case he was produced as a witness. I'm just dealing with an affidavit. Does that matter? Also, the attorney for Midland claims that they do no have to produce the original credit card agreement. Is this true? 

 

Does anyone know where I can get a copy of the CPLR or McKinney's? I will have to proceed pro se. I'm flat broke and cannot afford a lawyer. Any help deeply appreciated! I'm completely at a loss as to the correct procedures.

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Although I'm not certain how to use this in NY, this eseems to be the crux of the issue with the affiant; the conclusion from the Gergis case:

 

"In sum, the offered "robo-testimony" was insufficient to establish its case by a preponderance of the credible evidence."

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One more question...When I went to the preliminary hearing with Midland, their attorney handed me a set of interrogatories on the way out and said, "we'll need this back in 30 days." Most of the questions are personal, like where did you live in 2002, 20004, etc. Do I have to answer these? Can I counter with some of my own?

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Although I'm not certain how to use this in NY, this eseems to be the crux of the issue with the affiant; the conclusion from the Gergis case:

 

"In sum, the offered "robo-testimony" was insufficient to establish its case by a preponderance of the credible evidence."

Yes, that was one of the things I was wondering about. Is the fact that the court found Lavergne's testimony in Gergis to be insufficient something that I can use to support my case?

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Thanks, Debtzapper. This will be helpful. Midland's lawyers are saying that they don't have to produce the credit card agreement because they have produced some credit card statements and that credit card agreements are often completed online so expecting them to produce it is unreasonable. 

 

I was hoping to successfully challenge their standing, but the the assignment document does (I think) reference my acct. The Bill of Sale states that Chase assigned "all rights, title & interest ...in and to those certain receivables, judgements, or evidences of debt described in the Final Data File entitled (Account's Primary File Name) attached hereto & made part hereof...."

 

It does not mention me by name or my acct. #, but there is a computer printout entitled "Field Data" alleged to be printed by Midland from electronic records provided by Chase, and that does contain my name & acct. #. I am trying to figure out whether this legitimately established their standing.

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