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Sued by JDB. Trial scheduled.


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1. Who is the named plaintiff in the suit? JDB

 

2. How much are you being sued for? 7K

3. Who is the original creditor? Citi.

4. How do you know you are being sued? Served. Pre-trial conference. Discovery. Trial  has been scheduled.


5. How were you served? Sheriff. 

6. Was the service legal as required by your state? Yes

7. What was your correspondence (if any) with the people suing you before you think you were being sued? none, 

8. What state and county do you live in? Hampden County, Massachusetts.

9. When is the last time you paid on this account? Not sure. 

 
10. What is the SOL on the debt? 4-5 years. 

12. What is the status of your case? Trial in 1 month. 

13. What evidence did they send? 

(1). 2 Bill of sale. (2). copies of statements from 2007 (incomplete), 2008 (none) 2009 (incomplete) 2010 (complete) 

 

Hi,

 

I am hoping that someone here can, perhaps, provide some advice on how to best go about preparing for trial.

 

Because the plaintiff was uncooperative, judge ordered discovery. I was finally sent what evidence they have and plan to introduce at trial. Pretrial memo was already filed. My defenses were simple: Defendant denies all allegations due to the fact that defendant is without knowledge to properly ascertain the truth of the plaintiff's complaint. 2) Based on what knowledge the Defendant does have, Defendant believes Plaintiff does not have legal standing to sue.

 

My plan is to generally object/question every piece of evidence that is introduced, and try to show how the plaintiff does not have any legal standing to sue, based on what evidence they have on hand, by combining a few legal pointers that I have come across, and trying to tie it all up in a neat and concise package. Besides that, is there anything else that I can do?

 

what are the odds of winning/losing a case such as this?

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My plan is to generally object/question every piece of evidence that is introduced, and try to show how the plaintiff does not have any legal standing to sue, based on what evidence they have on hand, by combining a few legal pointers that I have come across, and trying to tie it all up in a neat and concise package. Besides that, is there anything else that I can do?

 

Have case law to back up your defense.  You have to do more than say you object you need to have case law to back up why the court should sustain your objection to their evidence.  Go to the courthouse at least a week preferably two prior to your case and see how the cases flow and how the court leans.  That will tell you how to tweak your arguments for your trial.

 

what are the odds of winning/losing a case such as this?

 

50/50  There are two parties and one of you will lose.  The crystal ball is out for repairs and the Wizard at the shop said the parts are on back order.  There is no way to predict with greater accuracy how the case will go.  Defendants have fought the good fight with all their ducks in a row to lose and Plaintiffs have come in with arm loads of documents to have the court rule them inadmissible and be left with no evidence.  We cannot predict how it will go anymore than you can.  ALL we can do is help you fight.

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I googled video's of civil trials and in AZ there was a guy who posted his trial. You might try that.  Call the court and ask what day the civil trials are held and when the next one is.

Unfortunately every one I have seen the defendan't slost. But usually because  they did not file their paperwork right.

But it did ge me familiar with the court and the judge which will make it less scary for trial.

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I prepared for my case for almost a year!!! And still lost, however appealing.  You need to look at some trials. You need to be prepared if they file a MSJ at you right before trial as they did me.

 

My advice is to look at the complaint and get a notebook. Color tab it for trial . For eac complaint you need a counter and case law to back it up.  You need to be ORGANIZED.  Do you have time to file any MIL's.

Go to MASS rules of civil procedure and see how long before trial you have to file a motion in limine.

 

This gets ruled on before trial to strike their affadavit or billing statements.  From reading what you just said about trial, (no offense) I would not be thinking you would prevail.

 

My big regret was not subpoenaing the witness. I called Midlands affaiant in Discovery and they listed her. If I had subpeona' her to testify , I probably would have prevailed.   One month goes by FAST, and you have to study this every day so you know i by heart.

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While going through some of the paperwork and verifying some information, I noticed that the JDB named on the complaint is not registered with the division of banks (as required by Massachusetts law).  I suppose they could be using the registered license of the company with whom they are affiliated.  

 

Question: Would it be worth trying to bring this matter up at trial?    

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Not familiar with MA law, but a question for you? When was your last payment? Not, when do they say was your last payment, but do you have evidence of your last payment (checking acct records, etc?

 

You state that SOL is four or five years, and it appears, from the statements they've sent you, that you fell somewhere in there.

 

SOL is an absolute affirmative defense.

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I don't know MASS Rules of Civil Procedure, but, you said the judge ordered discovery.  Did you get all you asked for?  If Plaintiff responded to any single discovery request by 'objecting,' or saying "request is irrelevant," etc., be SURE you file a 'Motion to Compel' discovery.

 

When at trial, the Plaintiff will not have your signed agreement.  Unless they provided that to you (which they can't), and you did not compel Plaintiff to produce this in discovery, the judge may accept Plaintiff's 'agreement.'

 

You just have to be very careful by making sure that Plaintiff provide you with EVERYTHING you asked for to go to trial -- if not, the judge must see that you "compelled" them to provide the info, but they did not.  This goes for any "agreement" they may have, or affidavit they try to get introduced as 'evidence.'  Otherwise, if Plaintiff's garbage is accepted by the judge, then it could spiral out of control with the judge asking you specific questions about purchases he sees on the "statements."

 

Of course, we know this has nothing to do with the JDB buying the debt for pennies on the dollar, but a judge trying to determine if items on the statements were purchased by you.  In other words, without a motion beforehand, the judge could wrongly consider you as a person who doesn't pay his bills.

 

Don't get in a position where the judge admits Plaintiff's 'hearsay,' and gets caught up in reading cc statements -- asking if you purchased this or that.

 

Sorry for the rambling, but good luck.

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@Wins the Battle 

 

Unfortunately, I don't remember. Since that time, I've moved, opened and closed bank accounts, lost paperwork in that time. I will have to see if I can come up with anything. 

It would be well worth the effort. Find out, also whether it's four years or five years. It can't be both.

 

Whatever bank you used for your checking acct will have the records; you may have to pay for them, but having the knowledge to say that a suit is definitely time barred is worth a lot.

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  • 3 weeks later...

UPDATE: 

 

Just got back from court. Trial took about 45 minutes. Plaintiff provided 1 witness. "Keeper of records". This "Keeper of Records" was hired by the plaintiff just 1 day ago and testified that she had a 3 hour training (more like 3 hour grilling, most likely)  and was "familiar" with the files in question. Prior to that, the witness testified that they worked as a cashier.

 

Plaintiff's Attorney tried to get an affidavit provided by the OC admitted. Unfortunately for them the judge denied their request as it had been created for the purpose of this trial.

 

Unfortunately for me, I was a little too nervous to do as best a job as I think I could have, and I declined to take the stand on my own behalf. Also, the judge admitted the 2 bill of sales and the statements and decided to take the case under advisement.

 

So, still under this cloud of uncertainty, expecting the worse but hoping for the best. 

 

Thanks to those that responded and offered their assistance. 

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Final Update: 

 

Received the court's decision today. Judgment entered for the Defendant. Plaintiff failed to prove anything that they alleged in their complaint. Case dismissed. As an added note, Defendant may recover any incurred costs from the Plaintiff. 

 

Thank you again to everyone for their advice.

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