u126623

Help! I need ideas in a lawsuit from Cavalry

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Hi!  I have been dealing with a lawsuit from Cavalry (from a credit card) for around a year.  I have been following the legal process as "Pro Se". so far so good.  On the beginning of September the Judge ordered "Denied the Motion for Summary Judgment for the Plaintiff", now we are going to trial in three weeks.  As we speak I am trying to get ready for my defenses.  The Lawyers from the prosecution have around three months of statements for the account in which are suing me.  I do not recognize or remember about  this account, but they have the credit card statements as part of the exhibitions.  In the statements are showing payments (credits).  Can somebody help me in how to approach the credit card statements and the credits that are showing in the statements with the Judge? also the lawyers submitted a motion for appearance by phone of a Paralegal from Cavalry, but the Judge have not answered it yet, in the case is granted can you please tell me how to handle that?.  Just fyi... in the credits (in the credit card statements) is not showing my name neither is showing copy of checks.   Not only that but they do not have copies of bank statements showing debits paying the CC . 

 

Thank you

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1 hour ago, u126623 said:

Just fyi... in the credits (in the credit card statements) is not showing my name neither is showing copy of checks.

Does your name and address appear at the top of the credit card statements? If so, how do you explain that payments were made on a credit card in your name for which statements were mailed to your home address?

1 hour ago, u126623 said:

Not only that but they do not have copies of bank statements showing debits paying the CC . 

They don't need them. See my comment above. 

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7 minutes ago, Harry Seaward said:

Does your name and address appear at the top of the credit card statements? If so, how do you explain that payments were made on a credit card in your name for which statements were mailed to your home address?

They don't need them. See my comment above. 

Thank you for responding.  I heard that credit card statements are not that heavy of a proof.  What do you think?  Do I  have a chance to win this fight?   

 

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15 minutes ago, u126623 said:

 I heard that credit card statements are not that heavy of a proof.

On their own, they're worthless hearsay. When they are properly introduced via live witness or affidavit, they are rock solid. If the JDB has a witness and gets them admitted, the court will ask you the same question i did about how you explain their existence and content. 

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25 minutes ago, u126623 said:

Thank you for responding.  I heard that credit card statements are not that heavy of a proof.  What do you think?  Do I  have a chance to win this fight?   

 

Thank you so much Harry!

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1 minute ago, Jackie1989 said:

Why did the judge deny summary judgment?

I presented my case to the Judge, as that I did not recognize or know about the account.  That the statements are not a proof of ownership, that the bill of sale does not have my information and that i did not see a contract with my signature anywhere in the exhibits.

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