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Please help me reword my discovery answers and find better ones. In particular, can the plaintiff force me to sign an agreement for them to look at specific bank statements?

1. Who is the named plaintiff in the suit?

Portfolio Recovery Assets

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

 

Sean Hadican, #56131

Arturo A. Hernandez III, #59684

Clinton P. Woerth, #53825

Shelley R. Porter, #59294

Counsel for Plaintiff

Arturo A Hernandez III, #59684 showed up to first date.

A different lawyer showed up to one court date. He said he was paid to attend by the law firm.

3. How much are you being sued for?

roughly 1600

4. Who is the original creditor? (if not the Plaintiff)

BANK OF AMERICA / FIA Card Services

5. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door)

In person

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

I believe so as the Sheriff served it
Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Cannot remember

9. What state and county do you live in?

Cole County, Missouri

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

I do not know.

11. What is the SOL on the debt? To find out: 

5 years in MO
Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Have recieved Plaintiff's first discovery. Had two court dates. Third scheduled.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No, should I?

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

Responded on time to complaint with answer. Received discovery, have roughly 20 days to respond to that.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Complaint included:

Complaint on the basis of account stated

Affidavit

Bill of sale without attached spreadsheet, no mention of name

A credit card statement addressed to me, but does not include charges only a balance.

Servicemembers relief act status report (not in armed forces)

 

 

 

DISCOVERY (redacted, names account numbers and case numbers by deletion which may result in some incomplete sentences or answers)

 

REDACTED DISCOVERY ANSWERS AS I UPDATED THEM ALMOST ENTIRELY

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Complaint included:

Complaint on the basis of account stated

Affidavit

Bill of sale without attached spreadsheet, no mention of name

A credit card statement addressed to me, but does not include charges only a balance.

Servicemembers relief act status report (not in armed forces)

Go after them on standing. There have been recent Missouri threads here with case law.

Business Records Exception trying to use OC records.

 

In particular, can the plaintiff force me to sign an agreement for them to look at specific bank statements?

You could add privacy concerns in your objections. Information should already be in Plaintiff's possession. Overly broad, they're wanting you to fill in a blank request authorization. You've already denied or stated any accounts mentioned were closed in your earlier responses.

Do a board search for JDB asking for bank records and such. It's come up before.

 

That statement date with no transactions or payments- how does that relate timewise to the August date they mention?

 

Now you can hit them with your own discovery.

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14. A copy of the attached Bank-Account Records Authorization, signed by the Defendant.

RESPONSE

Objection on the grounds it is personal, private, and confidential. Defendant will not sign an agreement for outside access to his personal financial information. There is no existing judgement against defendant, therefore this information is irrevelant, and not likely to lead to any useful discovery.

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You could also pull out as an objection the Gramm-Leach-Bliley Act for financial privacy of your banking.

JDB hasn't shown standing that they have any ownership of the debt.

https://www.ftc.gov/tips-advice/business-center/privacy-and-security/gramm-leach-bliley-act

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Thank you both for your advice. I will try to get a draft soon on that specific answer and post it here. Also I will try just cleaning up my discovery responses in general. I appreciate your help!

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You want all your responses to not help them in any way, but at the same time to look like your trying...so say the same thing ( nothing) but word it differently. Ohioohio has some responses in his thread you can glean off too, there are others, but my memory fails me, lol

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Okay I tried to flesh out my responses. What I am requesting now is help trimming them down / improving the tone. I'm a little emotional and defensive about the case naturally and want to come across more professional with my answer.

 

Thanks in advance for any advice and help!

 

14.       A copy of the attached Bank-Account Records Authorization, signed by the Defendant.

 

RESPONSE: 

Objection on the grounds it is personal, private, and confidential. Defendant will not sign an agreement for outside access to his personal financial information. There is no existing judgement against defendant, therefore this information is irrelevant, and not likely to lead to any useful discovery. As Plaintiff has failed to prove standing or ownership of any debt this request merely serves to harass and inconvenience Defendant. Plaintiff has not shown standing, no proof of assignment or mention that the Plaintiff bought any alleged account owned by the Defendant is contained within the complaint. Additionally, no agreement, transactions, or receipts are contained within the complaint. As such the Plaintiff is using discovery to attempt to find proof that should exist as part of Plaintiff’s complaint and initial case. Defendant demands proof of standing.

Objection. Defendant objects to Bank-Account Records Authorization as it is improper discovery not provided for in the Missouri Rules of Civil Procedure. Discovery does not include allowing Plaintiff actual access to accounts. Plaintiff is limited to requests for the production of documents from the Defendant directly and cannot compel through discovery the Defendant to sign an agreement. The agreement as worded lasts indefinitely and is not limited in scope to this specific action. The bank is a third party with a federal obligation to protect the Defendant’s privacy, attempting to circumvent this privacy protection by requesting Defendant waive these privacy rights is highly objectionable and fraudulent (see following objection).

Objection. Plaintiff request violates statutory protection of bank records and does not adhere to procedures outlined for acquiring and maintaining financial information privacy. Consumers have clear privacy rights with respect to their nonpublic personal information under statute and in common law. Financial industries must take specific procedures to protect these rights where “each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers’ nonpublic personal information”. 15 U.S. Code Chapter 94 Subchapter I. Plaintiff has failed to follow these procedures and is in violation of this statute “to insure the security and confidentiality of customer records and information.” These procedures include but are not limited to the provision of a privacy policy with specific statutory requirements and no such “clear, conspicuous” notice has been received. Additionally, Plaintiff is violating the pretexting provision by accessing private information using false pretenses. (Previous objection asserted due to Plaintiff’s failure to proof standing, Plaintiff is using discovery to attempt to prove its case rather than having a prima facie offering of proof). Finally, Plaintiff is violating the Safeguards provision which requires financial institutions must implement security programs to protect private financial information as no proof of such safeguards was offered before the request for information was made.

Objection. The request for document production is malformed on multiple counts. MO R. Civ. Proc. 58.01(a)(1) requires “the request shall set forth the items to be inspected, either by individual item or by category, and describe each item and category with reasonable particularity.” No such particularity nor description of each item sought is provided. Additionally, “The request shall specify a reasonable time, place and manner of making the inspection and performing the related acts. The title shall identify the party to whom the requests are directed and state the number of the set of requests directed to that party.” MO R. Civ. Proc. 58.01(a)(1). No such specification of a reasonable time, place or manner of making requested inspection is made. Nor has the Plaintiff identified a particular party this bank account request is directed at or even a basic listing of the number of requests. Instead, the Plaintiff has provided a blank form with no party listed. As such it is impossible for Plaintiff to requesting a particular document as Plaintiff has not even asserted a bank name or defined the term “other financial institution”.

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Today I got served with 53 pages of business documents that were copies of statements. Most didn't have purchases, but a few did. And a small affidavit from an employee of the Original creditor saying they were authentic. How do I deal with these?

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What does the affidavidt say word for word?

 

Here is my reproduction of it via typing. Thanks for your help! Also forgot to mention they attached another Bill of Sale which I can retype as well. Though the bill of sale makes no mention of my name or account number.

 

BUSINESS RECORDS AFFIDAVIT

____

I, the undersigned, NAME, being duly sworn according to law, depose and state that:

 

1. I am employed by Bank of America, N.A. ("BANA") as a bank Officer and am duly authorized to make this affidavit.

 

2. I am familiar with the manner and method by which BANA maintains its normal business books and records, including computer records. These books and records are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events; or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this Affidavit are believed to be try and correct based upon my personal knowledge of the record keeping systems under which BANA maintains its business books and records.

 

3. BANA is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. ("FIA"). FIA was merged into and under the charter and title of BANA effective October 1, 2014.

 

4. Attached hereto are 53 pages of records from the business records of BANA, or a predecessor in interest, for the account of MYNAME, with the account number XXX.

 

5. Immediately prior to charge-off, the account number was YYY. It was the standard practice of BANA to change the account number its accounts at the time of charge-off. At charge-off, the account number was changed to XXX.

 

6. The business records attached hereto are exact duplicates of the originals, except for (1) any marking clearly intended to identify the document as a copy and (2) any redaction clearly intended to remove personal identifying information of the account holder.

 

7. I declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto.

 

DATE: MAY 01 2015

State of: North Caroline

Count of: Guilford

____________________

 

It was notarized as well though the notary seal says a different county called Davidson Count, NC.

 

 

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Does your name and address on the statements look correct for the time period shown? Do you recognize any of those purchases? Are any payments shown? Any account numbers shown sound familiar? How does final total shown on final statement compare to lawsuit amount?

There's still the issue of if there was ever a legitimate original account, where is a sale of that account shown? It doesn't sound like that occurred from your earlier post. Do any of the bills of sale mention BofA guaranteeing the sale detail?

 

This kind of reminds me of another Missouri JDB case posted which was unique in the OC providing info long after the sale.

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Thanks for your prompt reply!

 

Does your name and address on the statements look correct for the time period shown? Do you recognize any of those purchases? Are any payments shown? Any account numbers shown sound familiar? How does final total shown on final statement compare to lawsuit amount?

There's still the issue of if there was ever a legitimate original account, where is a sale of that account shown? It doesn't sound like that occurred from your earlier post. Do any of the bills of sale mention BofA guaranteeing the sale detail?

 

This kind of reminds me of another Missouri JDB case posted which was unique in the OC providing info long after the sale.

 

Does your name and address on the statements look correct for the time period shown?

It seems accurate.

 

Do you recognize any of those purchases?

Some of them seem like things I have purchased before.

 

Are any payments shown?

There are four payments shown.

 

Any account numbers shown sound familiar?

No I don't recall any of the account numbers.

 

How does final total shown on final statement compare to lawsuit amount?

The final total shown seems to match the lawsuit amount exactly.

 

There's still the issue of if there was ever a legitimate original account, where is a sale of that account shown?

The sale of my specific account is not mentioned in their bill of sale they attached. However, there is an attached spreadsheet listed, which they did not attach and redacted the second time they sent the bill of sale (first was attached to complaint, second was in standard disclosure of business documents) to me. This redaction doesn't match the affidavit saying that only personally identifiable information was redacted. It seems like they are hiding the spreadsheet. Is that something I could work with? Should I request the spreadsheet on discovery? Do you need me to produce the bill of sale?

 

Do any of the bills of sale mention BofA guaranteeing the sale detail?

Quote from Bill of sale: "Seller does hereby sell, transfer, convey, assign and deliver to Purchaser all of Seller's right, title, and interest in and to each and all of the Loans, as included on the electronic file referenced in Schedule I of the Loan Agreement as REDACTED without recourse and without representation or warranty of any type, kind, character or nature, express or implied, except as specifically provided in the agreement, and subject to Buyer's and Seller's repurchase rights as set forth in the Agreement."

Should I discover this Agreement mentioned?

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Are there 53 pages attached to this affidavit and are they account statements like mailed to customers or more of a spreadsheet? Do you remember receiving any statements from them previously before the lawsuit?

There's no reason for them to redact anything if this isn't going to be seen by the public and you're the only one receiving this.

The affidavit says they're copies of originals. You may want to ask if these are copies of an electronic file or they've had hard copies in storage printed from the original statement date. Are there any printout dates on these or signs that would date them differently from the statement time period, such as later copyrights dates for advertisements that are shown in the statements?

 

Right now it sounds like they'd just need to get enough documents together to show the sale of your account to the JDB. If they're referring to documents not provided that would be another area to hit them on.

To prove account stated they'd probably have enough showing multiple payments unless you denied those payments as valid. Part of discovery could be pushing the burden on them, asking them for copies of payment checks.

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Look in your rules and see what it says about affidavits. She made this affidavit May 1st? When does the bill of sale show the account was sold? She believes them to be true, but the wording needs to say they are true, not that she believes them to be.

She also did not say she reviewed them.

I will say though the JDB is stepping up their game. @BV80 is really good spotting deficiencies.

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From Portfolio Recovery Assoc. v. Schultz  (Mo. 2014).  The court held this affidavit complied with the business record exception statute,

 

 

1. I, the below-signed Affiant, am an adult citizen of the United States of America.

2. This Affidavit is made in conjunction with G.E. Capital Retail Bank's response to the request by
Portfolio
Recovery
Associates, LLC in the matter of
Portfolio
Recovery
Associates, LLC v. Schultz, Juanita dated March 26, 2013.

3. I am employed by G.E. Capital Retail Bank, as a
Recovery
Liaison Specialist. In this position I have personal knowledge of the business records of and am a qualified person authorized to swear and declare on behalf of G.E. Capital Retail Bank ("G.E.") that the 30 documents attached hereto represent those responsive to any reasonable request as returned from a reasonably diligent search of G.E.'s systems of record and are true and accurate duplicates of the original business records maintained by G.E.

4. I further certify that the documents attached hereto (i) were made at or near the time of the occurrence of the matters set forth by, or information transmitted by, a person with knowledge of those matters; (ii) were kept in the course of the regularly conducted business activity of G.E.; and (iii) were made by G.E. as a regular practice during its regular conducted business activity

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The case @debtzapper posted is the one I was thinking of earlier. If you check the dates, the OC records person came in well after the trial was started to prepare additional affidavits for the JDB's case.

https://scholar.google.com/scholar_case?case=12887196782278288728&hl=en&as_sdt=6&as_vis=1&oi=scholarr

The OC person there never proved any qualifications, just filled in the blanks as the affidavit rule required.

It seems if an OC who wants to say "no guarantee" wants to also continue assisting the JDB with their case, discovery should make the OC's affiant part of it.

 

"I am familiar with the manner and method by which BANA maintains its normal business books and records, including computer records."

What does that mean? How are you familiar? Are you saying you know you fill out this records request form and send it out, someone in another branch will send requested printouts to you, or are you actually knowledgeable about the computer systems involved and storage methods among other details like audit procedures?

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@cb014

 

Are any payments shown?

There are four payments shown.

 

 

You need to get copies of your bank statements to see if those payments are reflected in the records.

 

You said they sent you 53 pages of statements.   I take it that all 53 pages were credit card statements?  If so, then the BANA affidavit would only attempt to authenticate the those 53 pages.

 

That affidavit makes no reference to a sale from BofA to Portfolio.  As a result, unless those bills of sale were included in the 53 pages, that affidavit does not authenticate them. 

 

What is stated in the PRA affidavit? 

 

Also, if you had to appeal, to which MO court of appeals would you petition?

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Are there 53 pages attached to this affidavit and are they account statements like mailed to customers or more of a spreadsheet?

Account statements like the ones in the mail.

 

Do you remember receiving any statements from them previously before the lawsuit?

I do not recall any receiving any in the mail. I usually sign up for ebilling on anything though. I cannot recall.

 

Are there any printout dates on these or signs that would date them differently from the statement time period, such as later copyrights dates for advertisements that are shown in the statements?

They seem to be true copies of the originals without marks.

 

I will make notes of all the arguments you guys thought of on the affidavit. Thank you for everything!

 

She made this affidavit May 1st?

Yes

 

When does the bill of sale show the account was sold?

May 24th, 2013

 

Thank you for that case @debtzapper I will review it!

 

 

The case @debtzapper posted is the one I was thinking of earlier. If you check the dates, the OC records person came in well after the trial was started to prepare additional affidavits for the JDB's case.

https://scholar.google.com/scholar_case?case=12887196782278288728&hl=en&as_sdt=6&as_vis=1&oi=scholarr

The OC person there never proved any qualifications, just filled in the blanks as the affidavit rule required.

It seems if an OC who wants to say "no guarantee" wants to also continue assisting the JDB with their case, discovery should make the OC's affiant part of it.

 

"I am familiar with the manner and method by which BANA maintains its normal business books and records, including computer records."

What does that mean? How are you familiar? Are you saying you know you fill out this records request form and send it out, someone in another branch will send requested printouts to you, or are you actually knowledgeable about the computer systems involved and storage methods among other details like audit procedures?

 

I am not sure how to ask her these questions, I understand depositions to be expensive :/ Could I maybe draft interrogatories for the OC or their affiant?

 

 

You need to get copies of your bank statements to see if those payments are reflected in the records.

I will certainly do that Tuesday. The account I used during this time period is closed, but I am hoping they have records. I will visit them in person Tuesday.

 

You said they sent you 53 pages of statements.   I take it that all 53 pages were credit card statements?  If so, then the BANA affidavit would only attempt to authenticate the those 53 pages.

I counted them twice and there are 52 pages of statements. There is a 1 page bill of sale as well. She appears to be saying all 53 pages are what she is saying are records related to my account.

 

What is stated in the PRA affidavit?

Typed copy:

 

State of Virginia

City of Norfolk ss.

 

I, the undersigned, AFFIANTNAME, Custodian of Records, for the Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows:

 

1.  I am competent to testify to the matters contained herein.

 

2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Viginia, and I am authorized to make the statements, representations and averments herein, and do so based upon a review of the business records of the Original Creditor FIA CARD SERVICES, N.A./ BANK OF AMERICA, N.A./BANK OF AMERICA and those records transferred to Account Assignee from FIA CARD SERVICES, N.A. ("Account Seller"), which have become part of and have integrated into Account Assignee's business records, in the ordinary course of business.

 

3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned  and transferred by the Account Seller on 5/24/2013. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satifsfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever.

 

4. According to the records transferred to the Account Assignee from Account Seller, and mained in the ordinary course of business by the Account Assignee, there was due and payable from MYNAME ("Debtor and Co-Debtor") to the Account Seller the sum of SUMREQUESTED with the respect to account number ending in YYYY, original account number ending in XXXX as of the date of 4/30/2013 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale.

 

5. According to the account records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of SUMREQUESTED, not inclusive of pre judgement interest or costs which may be awared by the court, as due and owing as of the date of this affidavit.

 

6. Plaintiff believe that the defendant is not a minor or an incompetent individual, and declares that the Defendant is not on active military service of the United States.

 

Signed and notarized September 17, 2014

_____

 

Also, if you had to appeal, to which MO court of appeals would you petition?

I believe that my county is in the Western Appellate District or Kansas City one.

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I am not sure how to ask her these questions, I understand depositions to be expensive :/ Could I maybe draft interrogatories for the OC or their affiant?

Yeah, it would have to be worked into non-deposition discovery due to cost (request for admissions or interrogatories). You probably have a limit on those (like 30 for interrogatories I'm guessing and multi-part ones count as more than one). One would be identify anyone who assisted you (directed to the OC affiant) in answering these questions. Employment history. Educational background. Imwinkelried 12-step test for computer stored records would have some good steps to meet. Check Missouri case law for computer stored records- one part if challenged they have to prove standardized computing equipment. Calling into question their qualifications and the records under 490.680 and 490.692 would be some keys. Unchallenged, as long as it meets the 490.692 part 3 affidavit format the Judge would probably take their affidavit and attached records.
 

She appears to be saying all 53 pages are what she is saying are records related to my account.

There is a 1 page bill of sale as well.

Same issue on all of these Bills of Sale stick out- no identifying tie to you? Are you identified anywhere outside of the affidavit and statements? Sounds conclusory on the affiants' (both OC and JDB) part, making statements without including the documents they're basing that on.

 

Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever.

When requesting documents, this seems like something to focus on. They keep repeating how they don't want to touch what they allegedly sold with a 10-foot pole but someone at the OC knows how to run a photocopier and is not doing this for free. Produce the agreement.

 

 

In addition to Portfolio v. Schultz, another recent Missouri case was Cach vs. Askew.

some recent threads as well which may help with discovery and other areas-

http://www.creditinfocenter.com/community/topic/323014-sued-in-missouri-midland-funding-llc-assistance-appreciated/

http://www.creditinfocenter.com/community/topic/319397-business-records-exception-hearsay-missouri/

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@cb014

 

Based on how MO courts have ruled, the OC affidavit would probably serve to authenticate any records that were included in the 53 pages.   You'd have to show that something about those records was incorrect or untrue.  However, any documents that were not included in those 53 pages may not be authenticated.

 

@CCRP626

 

Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever.

 

 

 

All that means is that the OC no longer owns the account, is not trying to collect the debt, and is not going to receive any money that might collected by the JDB on any of the accounts.   It has nothing to do with supplying the JDB with records or affidavits after a sale.

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So I guess assignment is my best area of defense other than maybe requesting a bunch of documents they cannot provide and asking for a dismissal. I will at least request this spreadsheet and and agreement mentioned in the bill of sale that they didn't provide.

 

Not looking wonderful, I may consider settlement on a payment plan though I really truly cannot afford it. Though I rehabbed my credit a lot recently and a judgement would undo a lot of that work.

 

Any avenues of attack I am missing. I basically understood that assignment and proof of debt to be the major ones?

 

Also, I am not clear how this works but maybe I could attack another part of assignment. The affidavit confirms BANA bought FIA Cards services which owned my account. "BANA is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. ("FIA"). FIA was merged into and under the charter and title of BANA effective October 1, 2014." However, maybe assignment should be required for this transfer too?

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@cb014

 

Also, I am not clear how this works but maybe I could attack another part of assignment. The affidavit confirms BANA bought FIA Cards services which owned my account. "BANA is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. ("FIA"). FIA was merged into and under the charter and title of BANA effective October 1, 2014." However, maybe assignment should be required for this transfer too?

 

 

The above made me think of something else.  Was the account already in default when BANA took it over?  Are the credit card statements all from FIA?

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@BV80  It has nothing to do with supplying the JDB with records or affidavits after a sale.

They're also stating no guarantees. The level of cooperation after the sale is done with the JDB seems a bit unusual.

 

Any avenues of attack I am missing. I basically understood that assignment and proof of debt to be the major ones?

Bank visit Tuesday, denial of payments, qualifications of affiant, lack of attachment of business records mentioned in Portfolio affidavit (see 490.692 requirement: Attached hereto are ............. pages of records from...

http://www.moga.mo.gov/mostatutes/stathtml/49000006921.html

 

generic Bills of Sale from 5/24/2013, May 2015 affidavit doesn't mention sale, electronic file referenced in Schedule I of the Loan Agreement.

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Yeah all the statements say this is administered by FIA and are before 2014 when they said they merged. However, each statement has a BankAmericard logo on top whatever that means. No mention though of BANA proper that I can see. The account was in default when BANA merged with FIA.

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