Red123

Portfolio recovery affidavit

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If you search though the site, you'll find dozens, and possibly hundreds of people that have been sued by PRA. The trend 20 years ago was they (JDBs in general) would drop the case when a defendant would simply file an answer. When they started losing too much money, they started scaring people into settling or default with discovery requests. A few people stuck it out and revealed that they didn't actually have the goods to win a trial. These days, they buy actual account records from the original creditors, and most courts have established policies of applying Adoptive Business Records Doctrine (ABRD) to the records that a JDB brings to court. If the witness can testify the OCs records were incorporated into the JDBs records, and relied on for day-to-day business activities, most courts will allow the records in. So now the SOP for debt buyers is file a complaint, wait for defendant to answer, file an MSJ citing whatever applicable & binding ABRD caselaw, then sit back and wait for the court to enter judgment in their favor.

There are a handful of individual hold-out judges, and even entire jurisdictions, that still think computers are too unreliable to run a business, despite the fact their entire financial world would cease to exist without computers. If you live in one of these 'blessed' locations, thank your lucky stars. Otherwise you'll need a Plan B.

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