justiceforall3

Responding to Discovery Request, Pending MSJ, LVNV, Michigan

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As far as I know, they didn't file anything new with the Court, other than the proof of service for their answer to my Letter to Confer, so no they didn't file their redacted excel file. I will confirm with the Court next week.

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I thought that they were supposed to provide to you an spreadsheet that was not modified or where information was blacked out.

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The excel spreadsheet they had in court didn't appear to have anything redacted or blacked out, but then I only saw it very briefly. They haven't filed anything with the Court showing what they provided to me. The Judge asked them to provide me assignment showing my exact account was assigned to them, he probably just assumed they had the information. The excel spreadsheet doesn't have the portfolio number on it, and my ssn/phone numbers have been blacked out.

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@justiceforall3

Here is a recent post from @calawyer about the importance of knowing exactly how an account is acquired. http://www.creditinfocenter.com/community/topic/324157-being-sued-by-portfolio-in-california/page-2#entry1305782 This scenario described may not apply to your situation. (IANAL) I believe your JDB in its complaint has misrepresented the origination of your alleged account--that it was "issued by Chase" rather than acquired through bank mergers. If the Heritage First USA allegation is the error, and Chase did issue the alleged account, why are their records wrong? I do hope you'll consult an experienced consumer attorney to see if you have valid FDCPA claims.

Posted Today, 02:39 AM

 

Synchrony bank is GE Capital. They recently changed their name. .

 

Did GE really "change its name"? Or did it sell to Synchrony? If it was a sale, did it sell assets or stock? If assets, did it sell non-performing assets such as delinquent accounts or just performing assets?

I don't know. You don't know. More important, Plaintiff doesn't know and will not likely submit any admissible evidence on this point at trial.

And it matters to you. If Synchrony did not own your account, you could lose this case only to have another debt collector come knocking on your door in a year's time. That is why we require a plaintiff to prove standing before it can recover in Court.

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@justiceforall3

Here is a recent post from @calawyer about the importance of knowing exactly how an account is acquired. http://www.creditinfocenter.com/community/topic/324157-being-sued-by-portfolio-in-california/page-2#entry1305782 This scenario described may not apply to your situation. (IANAL) I believe your JDB in its complaint has misrepresented the origination of your alleged account--that it was "issued by Chase" rather than acquired through bank mergers. If the Heritage First USA allegation is the error, and Chase did issue the alleged account, why are their records wrong? I do hope you'll consult an experienced consumer attorney to see if you have valid FDCPA claims.

Posted Today, 02:39 AM

 

Synchrony bank is GE Capital. They recently changed their name. .

 

Did GE really "change its name"? Or did it sell to Synchrony? If it was a sale, did it sell assets or stock? If assets, did it sell non-performing assets such as delinquent accounts or just performing assets?

I don't know. You don't know. More important, Plaintiff doesn't know and will not likely submit any admissible evidence on this point at trial.

And it matters to you. If Synchrony did not own your account, you could lose this case only to have another debt collector come knocking on your door in a year's time. That is why we require a plaintiff to prove standing before it can recover in Court.

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Synphony is GE Retail Bank. I had a client yesterday who came in with a statement from Synphony and I back tracked it to GE.

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So I went to Court this morning to confirm everything that has been filed since the Aug 11 hearing.  The Plaintiff has only filed a proof of service document indicating they responded to my Letter to Confer.  They have not filed the actual excel spreadsheet, which they mailed to me in a different response, a supplemental response to my Discovery items.  They didn't even bother filing a proof of service for that additional response.

 

My question is can the Plaintiff argue documents or bring documents to the Judge that have not been filed with the court, but merely provided in Discovery? 

 

If the Judge asks me about it, I was going to argue that there is nothing to indicate that the excel spreadsheet is part of the portfolio that is referenced in the bill of sale.  It is merely another hearsay document that could have been created in Excel.  Its accuracy and the relationship to the unathenticated chain of title documents has not been verified by testimony of a competant witness.

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So the Judge excused himself right before my case for a 10 minute break. Counsel for the Plaintiff (another new guy I hadn't seen before) was extremely delightful to speak with, and said that he read my entire file and said that I had put up a really good defense.  When we got in front of the Judge, Plaintiff admitted that I have denied the account in every answer and affidavit, and agreed that he didn't want this to go to trial (assuming I would win the MSJ?), and asked to adjourn to discuss possibly dismissing the case with LVNV.  I was shocked as the Judge hadn't yet even dismissed their motion.  I still argued my case, to which the Judge said he will take it into account if and when the Plaintiff decides to move forward.  He technically didn't dismiss the motion for summary disposition, but said that if for some reason Plaintiff decides to not dismiss, he will bring us back in 45 days to commence the hearing.

 

This is so bizarre.  I know I don't have much experience in law, but to postpone a motion judgment now twice seems very unreal.

 

Anyway - I look at it as a win.  Either they dismiss and I win.  Or I get to again argue my points, to which the Judge acknowledged my information this time, so it appears he is leaning in my favor anyway.

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So the Judge excused himself right before my case for a 10 minute break. Counsel for the Plaintiff (another new guy I hadn't seen before) was extremely delightful to speak with, and said that he read my entire file and said that I had put up a really good defense.  When we got in front of the Judge, Plaintiff admitted that I have denied the account in every answer and affidavit, and agreed that he didn't want this to go to trial (assuming I would win the MSJ?), and asked to adjourn to discuss possibly dismissing the case with LVNV.  I was shocked as the Judge hadn't yet even dismissed their motion.  I still argued my case, to which the Judge said he will take it into account if and when the Plaintiff decides to move forward.  He technically didn't dismiss the motion for summary disposition, but said that if for some reason Plaintiff decides to not dismiss, he will bring us back in 45 days to commence the hearing.

 

This is so bizarre.  I know I don't have much experience in law, but to postpone a motion judgment now twice seems very unreal.

 

Anyway - I look at it as a win.  Either they dismiss and I win.  Or I get to again argue my points, to which the Judge acknowledged my information this time, so it appears he is leaning in my favor anyway.

I'm so happy for you--and relieved! 

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I think they are trying to buy more time. Did you talk afterwards with the attorney about a dismissal?

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I did talk to him briefly afterwards and he gave me his personal contact information.  He seemed too nice, so much that I immediately thought something was strange.  I don't trust LVNV and especially their attorneys up to this point, especially the way they sneak around trying to parade their are complying to the court when in reality it is the exact opposite.  That is why I made sure to take my 5-10 minutes and hammer down some more points with the Judge.  My only relief truly was the Judge and his stance on the whole thing - he finally made some points on my behalf like the statements not showing any purchase transactions, and that the Plaintiff if they were to proceed still had a ton of explaining to do.

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I did talk to him briefly afterwards and he gave me his personal contact information.  He seemed too nice, so much that I immediately thought something was strange.  I don't trust LVNV and especially their attorneys up to this point, especially the way they sneak around trying to parade their are complying to the court when in reality it is the exact opposite.  That is why I made sure to take my 5-10 minutes and hammer down some more points with the Judge.  My only relief truly was the Judge and his stance on the whole thing - he finally made some points on my behalf like the statements not showing any purchase transactions, and that the Plaintiff if they were to proceed still had a ton of explaining to do.

 

@justiceforall3

 

This language in your supplement to your MSD affidavit may have had something to do with opposing counsel's attitude and the turn of events:

 
'6. Its objections notwithstanding, Plaintiff claims it has given me all of the documents that it has in its possession, custody and control relevant to my discovery request #1 copies of all statements generated while this alleged account was open, and to discovery request #2  the original or copy of the alleged "Account Agreement."  Plaintiff claims that per Regulation Z of TILA, the document retention period for some requested documents has expired. (Def. Ex X para. 2)  Upon information and belief, I understand this statement to mean that Plaintiff will never be able to produce the requested documents in response to my requests #1 and #2. 
 

7.  Request #3 of my Letter to Confer (attached to August 4 Aff. as Def. Ex. x) requests Plaintiff provide the complete assignment agreement between LVNV Funding, LLC, its assignors and Chase Bank to the alleged Heritage First USA account.  This request is regarding Plaintiff's standing to bring forth this suit.  The "Bill of Sale" exhibit provided by Plaintiff (Pl. Ex. X) refers to a "Credit Card Purchase Agreement," where the Agreement's terms and conditions and consideration are found. The Bill of Sale refers to "Exhibit 1," wherein certain certain receivables, judgments or evidences of debt and other rights, title and interest  terms are found.  This "Credit Card Purchase Agreement" also contains express language of the buyer's recourse, warranty of and enforceability of title, and other representations, that may set forth rights and defenses available to me.   Plaintiff has not attached this Purchase Agreement and Exhibit 1 to its Complaint, to its motion for summary disposition, nor provided them to me in discovery. Plaintiff objects to this request on the grounds that the request is "vague and overly broad, and seeks information that is confidential and proprietary in nature." (Def. Ex. X, para. X) Plaintiff's response to this Honorable Court's bench order at the August 11, 2014, motion hearing for Plaintiff to produce this entire agreement, was to restate its objection and refuse to produce the entire agreement as instructed.  

 
8.  As of August 29, 2014, I have not been noticed by this court that Plaintiff has filed a written motion for a protective order that identifies the specific interest to be protected for good cause, in order to have its asserted confidential and proprietary information shielded from public disclosure.' 

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I received the Plaintiff's stipulation to DISMISS!  Unfortunately it is only without prejudice.  I feel after this much work I should deserve a dismissal with prejudice.  Do I sign? Do I even have another option?

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I received the Plaintiff's stipulation to DISMISS!  Unfortunately it is only without prejudice.  I feel after this much work I should deserve a dismissal with prejudice.  Do I sign? Do I even have another option?

 

Call them and ask for a dismissal with prejudice and see what they have to say. They already stated they do not want to proceed any further. 

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If they do not agree, see if you have any FDCPA violations against them and sue. This way the suit will get dismissed with prejudice. Either way you will not have to deal with the account any longer.

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So after waiting a couple weeks for the attorneys to decide, I was informed today that they are now dismissing the case WITH prejudice!!!

 

I wanted to again thank everyone for their help - especially @Brotherskeeper and @bmc100 - I couldn't have done it without your help!

Fantastic news!!! I could not be happier for you! 

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Hello board members. I am answering LVNV request for production and the last one makes me cringe. I have been googling all my responses I should make but have not come across this one. Please tell me I can get away without producing. They are asking me to provide 10 original signatures for my name on a blank sheet of paper.

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37 minutes ago, crapola said:

They are asking me to provide 10 original signatures for my name on a blank sheet of paper.

Objection:  this request is irrelevant and not destined to reveal any information material to the case as filed.  

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Objection. Defendant's signature is already on pleadings, request is repetitive and harassing. Google objections to discovery for more.

@crapola go ahead and please start a new thread for future Arkansas specific questions instead of adding to another poster's Michigan thread.

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28 minutes ago, CCRP626 said:

Objection. Defendant's signature is already on pleadings, request is repetitive and harassing. Google objections to discovery for more.  

@CCRP626 Just curious, what is a signature written 10 times defined as? An answer to an interrogatory? Production of a tangible thing? 

https://courts.arkansas.gov/rules-and-administrative-orders/court-rules/rule-26-general-provisions-governing-discovery

(a) Discovery Methods. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the court orders otherwise under subdivision (c) of this rule, the frequency of use of these methods is not limited.

(b) Scope of Discovery. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:

(1) In general. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the issues in the pending actions, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, identity and location of any books, documents, or other tangible things and the identity and location of persons who have knowledge of any discoverable matter or who will or may be called as a witness at the trial of any cause. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

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@crapola

It would helpful if you would start your own thread in order to separate responses to the original poster from responses to you.

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41 minutes ago, Brotherskeeper said:

Just curious, what is a signature written 10 times defined as? An answer to an interrogatory? Production of a tangible thing? 

Their Plaintiff said it's under Production of Documents but you've got me. It seems a bit odd since they're asking for a document that doesn't currently exist until the defendant complies by creating it in a custom form of the Plaintiff's choosing. I could also see the Plaintiff cut and pasting a signature they already have into the sample they receive and making it one of the 10 for later gotcha use. As it's been said on the board previously, the signature you have today doesn't resemble the one you had years ago, so no reason for the Plaintiff to ask.

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@CCRP626

@Brotherskeeper

Considering the poster is being sued by a JDB, unless the plaintiff has a copy of his signature on a document, I don't see the purpose in asking for signatures.   If they don't already have a copy of his signature, to what would they compare them?  

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