TNjohn

Need help with PRA trial in August in TN

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They will never produce a witness and a subpoena from TN is worthless in VA or CA.  Their tactic in contested cases is the hope you will fail to show.  If I recall correctly, this is in Knox Sessions which allows cases to be put on "HOLD".  In other words, this will go on forever unless you know how to attack them.  I cannot solicit here and I'm not, but there are some good consumer credit attorneys in TN.  You may consider talking to a few.

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Thanks to all for the replies and thanks Clydesmom:)

Yes Art, thank you! I also found some other posts on the subject and yes, the judge is fair. And unfortunately no, I was unable to get a subpoena filed before the 45 day deadline.

TnConsumerLawyer, yes, thanks for asking. My case is actually not in Knox, it is in Monroe...not sure if that makes a difference. I figured that they would not produce a witness...especially from CA. I know u are not soliciting, but any advice on how to attack would be appreciated.

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Received a letter from the attorney today. It was a copy of a statement from HSBC Nevada (final statement) showing a $0 balance due to all amounts due being charged off in the "transactions " section. So now they have shared a "hearsay" affidavit and one single copy of a statement I have never seen in my life of an alleged account. Any advice on how to counter or argue the statement?

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Quick question to all....

My trial is in 10 days. As previously stated, the Plaintiff has only officially submitted their canned affidavit. Additionally, they mailed me a copy of the "final bill" of the alleged debt. My questions are these:

1. When the trial starts, do I immediately orally make a motion to strike the affidavit as hearsay? If not, when.

2. If for some reason they decide to "nonsuit" dismiss, how can I respectfully ask the court to dismiss WITH prejudice rather than the without prejudice nonsuit? I want this OVER on August 6th rather than live in fear of another summons showing up in a few months.

Thanks!

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Oh....and anyone have a link to a Tennessee Motion to Strike and Motion to Dismiss? And if....IF I am able to succeed orally striking and or dismissing, will I have to fill out and file afterwards?

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Final bill is hearsay without some from HSBC to authenticate it.  No one from PRA has personal knowledge of how HSBC keeps and maintains business records.  Moreover, there - apparently - is no bill of sale/right of assignment so they have no standing.

 

Move for a directed verdict.

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Thanks to everyone that has replied here! I truly appreciate all of you! Tomorrow, I will attempt to join the ranks with those of you that have defeated the JDB's in court. But if I don't emerge victorious, it will not be from a lack of information!

I will post an update sometime tomorrow! Thanks again!

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Check out @hotinaz 's recent victory. Hopefully it won't take you this long, but it shows what can happen when you never give up!

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Good luck to you !!!!  After the Plaintiff rests their case, ask the judge for a break to use the restroom.  It will give you a moment to process and when I came back,before my testimony,I said to the judge"I'd like to move for a directed verdict based onthe fact the Plaintiff has not brought a witness and therefore  all of their so-called evidence cannot be admitted as it lacks authenticity and foundation. They have not proven they own the account in question here.

 

The judge in my case denied it and stopped the trial but that is NOT the norm . It tells the judge you know what you are doing and it's worth a shot because they have to prove that they own this account.  Look closely at the affadavit. And object to everything.  You have to lay a foundation if you have to appeal.  Remember you do not owe them anything!!!

\Most of what they will bring is hearsay, and if it is anything like my robo atty he had just looked at the case that minute!!!

 

If you have any last minute questions please ask!!

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UPDATE:

 

First and foremost, I want to thank TNConsumerLawyer , ArtVandelay and Anon Amos  for all the PM help! You guys are tops! And of course, thanks to everyone else fort he advise.

 

My day started just awful! I was on time and sitting patiently when I started to get incredibly nervous to the point of near hyperventilation. I was drawing complete blanks for all my argument!

 

It didn't get much better during first call. Two names were called and my plaintiffs lawyer stood and said, "they're on subpoena, your honor". OH NO! WITNESSES! They both went outside though when he called all on his list to talk. Then they came back. Once the attorney returned, he saw them and came and spoke to them. I heard him say "you are welcome to leave now." So apparently, they were not witnesses. Big relief as of all my studies, planning, triple copies of everything....I forgot to bring ANYTHING about IF they had a witness.

 

Anyway, I then felt a little better. Then the attorney jumped up and said something to the judge with my name in it. The judge then asked me to come up. My heart was pounding and I thought I was going to throw up. I couldn't breathe! Xanex.....take me away! :medusa: I took my place and their attorney began telling the judge the history of this action. Then said, "I just got word this morning that the business custodian was not available" (Good call TN ConsumerLawyer!)and then immediately asked for a continuance. Here is the thing. My judge narrowly lost the election in May and leaves the bench on September 1st. I had a pretty good rapport with him. So when he asked if I was okay with their motion, I responded "NO! I am not, your honor! I move for a directed verdict." The judge said he would grant my motion but wanted me to understand that it would be without prejudice and that the plaintiff could re-file within a year. Right then, their attorney chimed in with "Case withdrawn, your honor. Voluntary nonsuit." to which the judge said "granted".

 

Of course I would have preferred with prejudice or even without, making them appeal to Circuit which they most likely would not have done. And more experience and hindsight makes me sick to know I should have argued more for the former, but a nonsuit is still a win in my book. I am sure I will see another summons as the SOL is up in 14 months.

 

Thanks again to all!

 

:yahoo:

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congratulations!  Take it as a win.  They might back down knowing you are going to fight.  Have a drink and relax tonight.

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:yahoo: Excellent, you did a great job, glad to hear it (although it was expected). I wouldn't count on another summons, in fact I doubt you will get sued on it again. You never know, but you do know what to do and it will be much easier next time. Congratulations!!!

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I thank you guys again and truly hope you are right @Anon Amos! I do feel better after looking up a nonsuit in the Tennessee Code. So all good and feeling great for now!

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Paul won't re-file. They may give it to Nathan Horton, but I doubt it. Now - it's time to sue them for FDCPA and/or FCRA violations in USDC. FRE 803 does not permit affidavits to serve as business records such as TRE 803 does so even if PRA would counter, they'd fail to prove it up.

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You did great.  You can trust what @TNConsumerLawyer says about the workings of collection lawyers.  Like all good lawyers,  he has inside knowledge about the "other side."  Lawyers know each other by reputation.  And as I have said before, if you have the right lawyer, cases often get settled without litigation.  Follow his advice about an FDCPA lawsuit, and see my PM.

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UPDATE:

 

First and foremost, I want to thank TNConsumerLawyer , ArtVandelay and Anon Amos  for all the PM help! You guys are tops! And of course, thanks to everyone else fort he advise.

 

My day started just awful! I was on time and sitting patiently when I started to get incredibly nervous to the point of near hyperventilation. I was drawing complete blanks for all my argument!

 

It didn't get much better during first call. Two names were called and my plaintiffs lawyer stood and said, "they're on subpoena, your honor". OH NO! WITNESSES! They both went outside though when he called all on his list to talk. Then they came back. Once the attorney returned, he saw them and came and spoke to them. I heard him say "you are welcome to leave now." So apparently, they were not witnesses. Big relief as of all my studies, planning, triple copies of everything....I forgot to bring ANYTHING about IF they had a witness.

 

Anyway, I then felt a little better. Then the attorney jumped up and said something to the judge with my name in it. The judge then asked me to come up. My heart was pounding and I thought I was going to throw up. I couldn't breathe! Xanex.....take me away! :medusa: I took my place and their attorney began telling the judge the history of this action. Then said, "I just got word this morning that the business custodian was not available" (Good call TN ConsumerLawyer!)and then immediately asked for a continuance. Here is the thing. My judge narrowly lost the election in May and leaves the bench on September 1st. I had a pretty good rapport with him. So when he asked if I was okay with their motion, I responded "NO! I am not, your honor! I move for a directed verdict." The judge said he would grant my motion but wanted me to understand that it would be without prejudice and that the plaintiff could re-file within a year. Right then, their attorney chimed in with "Case withdrawn, your honor. Voluntary nonsuit." to which the judge said "granted".

 

Of course I would have preferred with prejudice or even without, making them appeal to Circuit which they most likely would not have done. And more experience and hindsight makes me sick to know I should have argued more for the former, but a nonsuit is still a win in my book. I am sure I will see another summons as the SOL is up in 14 months.

 

Thanks again to all!

 

:yahoo:

 

Congratulations!!!   ::USA::  ::USA::

 

Anything is possible, but I doubt they will want to spend more $$$$ on court fees unless they know they will get a return on their "investment". You are now a bad investment for them and they probably don't even like you anymore. Shame on you for showing up and defending yourself!  xboxingx

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@TNjohn

 

When was the date of last payment?  Is the debt still within the SOL?  Or has the SOL expired? 

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@TNjohn

 

I'm afraid so.  The one-year reference is when the SOL has expired either during the lawsuit or before the one-year refiling period is up.  It's usually referred to as a "saving statute".

 

But, considering they haven't refiled by now, I'd be surprised if they filed before the the SOL is up in Nov. 

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