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Jackie1989

exhibits filed with complaints

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I have been following a particular plaintiff and they purchased some commercial debt from bank of america. I am being sued by them and in my case they filed two exhibits - a bill of sale and a contract-. I have looked at similar filings for this plaintiff and have found other defendants which are a part of this portfolio purchased. out of the 6 I have found , two of the complaints were filed with exhibits.

On one in which they didn't file exhibits with complaint, they filed  them with their motion for default. A couple they didn't file anything when requesting default. These cases were answered though.

I am just wondering if there is a particular reason for this.

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4 hours ago, Jackie1989 said:

I am just wondering if there is a particular reason for this.

If they are filled in different courts, it could be they know this judge will want to see this or that when another judge won't care what they include, if anything.

If these are all in the same court, whatever is attached is just what they had easiest access to, knowing that if it were challenged (by the judge or defendant) they could easily get the goods. 

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same court

"Knowing if it were challenged, they could easily get the goods"

You are thinking they have "the goods" ?

Thanks

 

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They always do. It seems they have to pay to get them so they often don't get them until they need them. 

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 i understand that they go back, if needed, in a certain amount of time, for more information from OC. It the same law firm, same jdb, same court and same portfolio of debt. I am assuming the law firm has the same information - bill of sale and contract- in a few of the cases I am referencing as they filed it with complaint on two and with motion for default on a couple of others. Are you saying that , on the motion to default the law firm may not have had the bill of sale and contract until then?

I was just wondering if there was some sort of strategy on their part.

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Bill of sale reference it by number.

Closing same date

Obviously, the cases in which they are not filing a bill of sale for exhibit. I am going by purchase date. I realize that doesn't necessarily mean they are part of same batch but, I'm thinking this transaction went down the same day.

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This debt buyer only has 13 cases filed here.  There are 5 recent cases with same law firm. They have the same sale date from Bank of America on them. 2 of them the law firm attached exhibits with the bill of sale. Those two have the same lot number from Bank of America. 

That's why I am wondering, why didn't they just file exhibits with all of them? I noticed on one, they filed the bill of sale and contract when asking for default.

 

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I realize, now, that they can go to "convoke" for more files. It probably means nothing, I was just curious.

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1 hour ago, Jackie1989 said:

Bill of sale reference it by number.

Closing same date

Obviously, the cases in which they are not filing a bill of sale for exhibit. I am going by purchase date. I realize that doesn't necessarily mean they are part of same batch but, I'm thinking this transaction went down the same day.

Did you go get copies of these cases, or you can view what was filed online, or ???

I'm trying to understand how you know what the bills of sale say in the other cases. 

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you can view online what ever is filed. they do all e-filing here. they don't bother going to court. 

so, there are at least two identical bill of sales like the one attached.

i am wondering why they are not filing these with all cases

 

billofsale.pdf

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so there are three bill of sales but, it appears that 6-7 of theses cases are from the same lot ..all have the same sale date in complaint. only 2 of them they filed the bill of sale and contract as exhibits right away. there are 3 others that they filed them in the affidavit of debt.

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I see. I thought maybe the difference was the accounts came from different OCs. Maybe it has to do with how old the debt was even the OC sold it. For example, ones that were less than 2 years old came with OC records. Anything older and the OC had already archived the records and the JDB would have to get them on their own. Something like that. 

I personally don't think it means anything at all in terms of what they have vs. what they can get. 

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so, i have seen a couple of these affidavits that plaintiff files. i am posting one here, just wanting to see if anything strikes anyone. they provide a written contract -which I didnt upload but , the rest is here. I am assuming they have a payment history spreadsheet - that is what they provided me directly - but, they do not file one in any of their cases. How do they get away with that?

thanks in advance. just fishing here 😊

default.pdf

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1 hour ago, Jackie1989 said:

so, i have seen a couple of these affidavits that plaintiff files. i am posting one here, just wanting to see if anything strikes anyone. they provide a written contract -which I didnt upload but , the rest is here. I am assuming they have a payment history spreadsheet - that is what they provided me directly - but, they do not file one in any of their cases. How do they get away with that?

Most states do not require that the Plaintiff file all their evidence with the complaint.  They expect the parties to do discovery to handle their case.  Some states do not even allow discovery (GA is one) or require permission from the court to do it (TX) instead.  You are assuming that because it isn't online in what they filed they do not have it.  Nothing could be further from the truth.  You are spending WAY to much time focusing on what they are doing in cases that are not yours.  ANYTHING they filed in someone else's case is irrelevant to yours and is not admissible in your case.  You need to focus on what evidence they have in YOUR case and yours alone and whether it is enough to prevail.

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I am FOCUSING on my case. I was told many years ago "it can't hurt just to ask" and that is all I am doing. I do realize they are not required to file everything in complaint. How do I know this? By asking questions.

Is it silly to look into cases that plaintiff has had or is in now? I do not have all the evidence in my case and am waiting for it to play out but, why just sit and wait?

I am trying to get a handle on how things work and see if there are examples of cases similar and how they have played out or are playing out. 

So forgive me if my questions or my methods are not proper, I don't do this for a living. In case you couldn't tell.

Your input is greatly appreciated.

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42 minutes ago, Jackie1989 said:

why just sit and wait?

You don't have to sit and wait. Spend time with your family or friends. Please trust me when i say that every minute you spend obsessing about things you have no control over is wasted time you could be doing other things. You can't predict with certainty how things will go in your own case. They just have to happen, and then you deal with it.

I spent nearly every day for 2 years planning and plotting. And i still lost. I lost my lawsuit and lost precious time with my family (my son was 2 when i got sued). None of this is worth that. If you have no life and just need a hobby, by all means, obsess all you want. Most people don't fall into that category though.

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I hear you. I understand completely and you make a lot of sense. Finding a balance has always been an issue for me. I do not spend endless amounts of time on this. It really has been just spurts hear and there. Sometimes a little more🙂.

I must say, I do find this -debt buying industry- very interesting. Part of it is that I am curious about, not just for my cause but, what goes on through out the country.

Thanks for your input!

Let me get out of my dungeon😕Have a great day!

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