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Amount on credit report different than amount being sued for


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This is my 2nd post regarding this lawsuit. ??? JDB has sued and filed msj....at this point i am trying to find anything to help me.

I just checked my credit reports....on all 3 reports the amount that is listed is different than amount being sued for. Amount in original complaint is $781. Amount on msj is $781.58 plus $188.50 for court costs. Amount on credit report is $970. Seems to me that they have already included the court costs on my credit reports PRIOR to winning summary judgment (court date set for dec 9) or lawsuit. Is this even legal???

Also, they have attached an affidavit to billing statements signed by "assigned designee" who is employed with JDB. This "assigned designee" claims he has personal knowledge and is familiar with recordkeeping practices of plaintiff. Can i use amount on credit report to discredit this witness? Or am i stretching? 

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5 hours ago, Becki7776 said:

This is my 2nd post regarding this lawsuit. ??? JDB has sued and filed msj....at this point i am trying to find anything to help me.

I just checked my credit reports....on all 3 reports the amount that is listed is different than amount being sued for. Amount in original complaint is $781. Amount on msj is $781.58 plus $188.50 for court costs. Amount on credit report is $970. Seems to me that they have already included the court costs on my credit reports PRIOR to winning summary judgment (court date set for dec 9) or lawsuit. Is this even legal???

Also, they have attached an affidavit to billing statements signed by "assigned designee" who is employed with JDB. This "assigned designee" claims he has personal knowledge and is familiar with recordkeeping practices of plaintiff. Can i use amount on credit report to discredit this witness? Or am i stretching? 

More than likely, a credit report is not going to be considered admissible evidence.  Whether or not they added court costs prior to getting a judgment and the legality of such an act is a different issue.  Simply because they may have counted their chickens before they hatched is not proof on your part that the amount for which they are suing is not the actual amount owed.

Did they provide the charge-off statement of the original creditor?  If so, what is the amount shown on the statement?

It would help if you would keep all your questions regarding the lawsuit in the same thread so that we don’t have to go between threads to get certain details.

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This doesn’t happen very often, but …

 

A long time ago I had an interesting case with Cap 1. They sent in statements with a notarized statement by a “legal support specialist “.  The state law said the affiant had to have first hand knowledge of the account.  I objected saying someone on the legal team wouldn’t have such information. The judge was probably the most consumer friendly judge in my state.  They didn’t provide any evidence that a “legal support specialist “ would have such knowledge. 
 

I won. 
 

It is sometimes possible to win by attacking their affiant.  Most judges will just rubber stamp the plaintiff and not care if the affiant really has such knowledge.  If you are lucky, the judge will either throw out the affidavit or else allow you to question the witness over the phone.  If the latter, be sure to ask how records are entered into the database, how statements are extracted from the database, whether the statements they provided are original copies or else derived from the database,  how many databases need to be queried to extract such information, and how long the data are in the database. 
 

A discrepancy between the amount reported to the CRAs and the amount in the statements might be used for some questions.  As in, how can the numbers be trusted if they can’t agree on the numbers?  
 

I got a case settled to my satisfaction when I showed their attorney serious discrepancies between letters I received from the credit card company and the statements.  NDA so I can’t go into details.  

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34 minutes ago, Becki7776 said:

They have provided 12 months of billing statements. The amount on last statement is the amount they are suing me for.  Account opened in 2016. Last payment in 2019. Billing statements from 2018-2019

I believe you mentioned that you are from KY.  Read this opinion from the KY Court of Appeals regarding a JDB and authentication of business records (Rule of Evidence 803(6)).

https://scholar.google.com/scholar_case?case=7204690627698854289&q=“assignee”+AND+“803(6)”&hl=en&as_sdt=4,18

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Ugh....so what are my chances of getting this msj dismissed???? 

In my opposition to msj i have included KY case law such as.....burden is on movant, record must be viewed in a light etc, and only proper after both sides can conduct discovery.

my arguments are:

1. lack of standing....bill of sale with no acct number or name, affidavit of sales of accts by OC using reference to "pool of charged off accts, spreadsheet with no identifying features, failure to produce signed contract, failure to produce any mailings between me and OC

2. genuine issue of material fact...my denial of debt in affidavit and answer/responses, affidavit of debt being hearsay, 

3. filing msj prematurely....used roberson v. lampton as case law.

 

i'm not sure what else to do....if there is anything i can do

any suggestions???

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Should I try to compel arbitration? In the other thread I was told that because I had engaged in litigation that it would probably be denied. 

The only engaging in litigation that took place was responding to 1st set of interrogatories...would that be enough for a judge to deny arbitration?

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The amount on your credit report has very little to do with how much you are being sued for. 

Each state has its own rules and procedures which differ drastically from other states'.  Change your designated location from "United states" to the state in which you reside so you will get advice from people who are familiar with your state.  In most states a MSJ can filed at any time.  You cannot get a MSJ dismissed.  You have to file a response to it and there will be a hearing scheduled where it will either be granted or denied.  You are going to have a hell of a time with a stack of 12 statements showing that you used the account.  Claiming "Failure to produce signed contract" is just going to make you laughing stock before the court.

Don't start multiple threads.

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20 minutes ago, Becki7776 said:

well, I guess I am "laughing stock" because I am new to this and have no idea what I am doing....hence, why I asked for advice in this forum.....

You’re not a laughing stock, and I know @texasrocker didn’t mean it that way.  He was referring to what the judge and attorney might think.

An objection to the MSJ must show why the plaintiff’s motion should not be granted.  You need to show the need for a trial on the merits.  Research case law from your state that speaks specifically to what is required to prove a breach of contract or account stated (whatever cause of action the plaintiff is claiming).  You have to give the judge a reason to want more from the plaintiff.

Does the affidavit reference the credit card statements, bill of sale, and any other documentation provided by the plaintiff?  Does it reference documents not provided by the plaintiff

Read this KY Court of Appeals opinion.  Take extra notice of the part about the bill of sale.

https://scholar.google.com/scholar_case?case=8804202280125072655&q=bullock+v+worldwide+asset+purchasing+llc&hl=en&as_sdt=6,41

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The affidavit references the card statements. 

Plaintiff stating no genuine issue as to any material fact. Only attached statements and affidavit to msj.

Received bill of sale, affidavit of sale of accts by oc and spreadsheet when i was served with complaint.

There is really nothing showing they own the acct...just the affidavit that states oc sold "pool of charged-off accts"

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Bill of sale states....hereby assigns effective as of the File Creation Date of December 16, 2019 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Schedule 1 (the "Asset Schedule") attached hereto and made part hereof for all purposes...

is the spreadsheet thingy "Schedule 1"?....pretty sure it is even though it is redacted...

 

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28 minutes ago, Becki7776 said:

 

is the spreadsheet thingy "Schedule 1"???

 

Is what you are referring to as “thingy” one line from a redacted spreadsheet showing your name and account number?  If so then the cite that @BV80 provided will not apply to you because the other required elements will have been met by the statements.  
Your only hope is to convince the court to make them produce the forward flow agreement which is usually referred to as an attachment to the generic bill of sale.  It may help if you can provide a scan of the bill of sale or at least the exact wording of it in its entirety.  

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20 minutes ago, texasrocker said:

Is what you are referring to as “thingy” one line from a redacted spreadsheet showing your name and account number?  If so then the cite that @BV80 provided will not apply to you because the other required elements will have been met by the statements.  
Your only hope is to convince the court to make them produce the forward flow agreement which is usually referred to as an attachment to the generic bill of sale.  It may help if you can provide a scan of the bill of sale or at least the exact wording of it in its entirety.  

Thank you!

 

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