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Jefferson Capital Systems, LLC sued


StonB
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A friend of my is served yesterday by Jefferson Capital Systems, LLC. This was a debt they bought from Avant (Webbank).

I was going to help to respond to thw sermon and then file for MTC arbitration. The affidavit that was swon was someone from the JDB and not the original buyer and I want some guidance on this how to move forward with this case.

Is there something I could do with the affidavit not swear by the original debtor? Use the hearing say rule maybe or I should go ahead to respond and file for MTC arbitration.

Amount sued for is $881.16

Thank you

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You stop entry of affidavit under hearsay at trial by cross-examining witness and showing they don't have personal knowledge of business records. Another way to win is going after the assignment  what does BILL OF SALE state. 

 Have you seen attorney Parker Videos he is from Michigan follows MI methods where conter affidavatt is file the has one video on Jefferson  Capital buying webank charge-off and how to fight them  I am only seeing it now but his videos and website deals with beating collectors  in MI.  

 

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I think I might do a counter affidavit. They are talking about the purchase of goods and services in the affidavit. At one point they are talking about the credit card debt and another point its says goods and services was delivered and the amount was due. It's so confusing 

I have a copy of the bill of sales here

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11 minutes ago, Bulldoger said:

Your right there is nothing in that bill sale not even the a "Tape filename" who still uses tape storage . You can't even make out the COO name.   

Looking at the bill of sales, the agreement to sell the debt was on 1/27/2023 and will be transferred to Jefferson Capital on 9/27/2023, How is the bill of sales signed on 9/27 instead of 1/27 when the sales was made? Maybe I an just seeing it wrong.

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1 hour ago, Bulldoger said:

THe purchase an sale agreement was sign in 1/27/2033 it includes warranties or lack thereof and how much jefferson capital is to buy and how frequently. 

But the person who signed is showing 9/27 instead 1/27

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9 hours ago, StonB said:

But the person who signed is showing 9/27 instead 1/27

You’re referring to 2 different documents.  The document you showed us is the Bill of Sale and Assignment.   It assigned the account and all of the Seller’s rights to Jefferson on 9/27.

The document that is referenced in the first sentence of the Bill of Sale is a different document.  It is Purchase and Sale Agreement.  That referenced Purchase and Sale Agreement was dated 1/27.  

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  • 3 weeks later...

Can I file motion to dismiss this case from this governing law in the agreement? If do how do I file the motion. I heard an attorney say since they are talking about Utah, my friend can only be sued in Utah and not in any other state and with that I can file motion to dismiss the case. Any thoughts? Thank you

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5 hours ago, StonB said:

Can I file motion to dismiss this case from this governing law in the agreement? If do how do I file the motion. I heard an attorney say since they are talking about Utah, my friend can only be sued in Utah and not in any other state and with that I can file motion to dismiss the case. Any thoughts? Thank you

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Where does your friend live?  Unless your friend lives in Utah, that attorney is wrong.  He honestly thinks that a consumer who lives in another state could only be sued in Utah (governing law) and therefore have travel to that state to defend a credit card lawsuit?  Not a single court would put such a burden on a consumer.

It says that the “agreement is governed” by Utah law.  That means the terms and conditions are governed by Utah law.  Where one is sued is venue or jurisdiction.  The agreement says nothing about disputes being subject only to the venue or jurisdiction of Utah courts.

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When I was sued by MERRICK the agreement specified UTAH law when I filed MTC and defended MTC I and plaintiff attorney arguments all specified UTAH case law even though case was filed and held in Virginia, Utah law still governed the suit.  Virginia Congress passed a law change in August 2023 and now VIrginia Law applied even if agreement specifies another state.  So it depends what the state laws are.  

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15 minutes ago, StonB said:

My friend is in Michigan 

Unless the agreement specifies that disputes must be brought in Utah courts, the lawsuit would not be filed in Utah.  If he lives in Michigan, it should have been filed in Michigan.

BTW, did you notice that neither the Bill of Sale or the affidavit reference the name of the original creditor?

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2 hours ago, Bulldoger said:

The bill of sale does list seller as Avant LLC. 

Well, crud!  It’s right there in the 2nd line.  That’s what I get for reading too quickly.

If it were me, I would point out that the affidavit makes no mention of Avant nor of the specific records the affiant claims to have allegedly viewed.  

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17 minutes ago, BV80 said:

Well, crud!  It’s right there in the 2nd line.  That’s what I get for reading too quickly.

If it were me, I would point out that the affidavit makes no mention of Avant nor of the specific records the affiant claims to have allegedly viewed.  

I point out in my counter affidavit that Avant was not mentioned in the affidavit. 

Under the lawsuit they have this communication is about debt collection. So I pointed that out in the counter affidavit. In the bill of sale there is nothing mentioned about the account in question. 

They claim its a stated account and there is no agreement between the defendant and plaintiff. 

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1 hour ago, StonB said:

Under the lawsuit they have this communication is about debt collection.

That is not an issue.  Debt collection law firms include that simply as a safe harbor.  It’s nothing you can use.

1 hour ago, StonB said:

They claim it’s a stated account and there is no agreement between the defendant and plaintiff. 

Accounts are transferred and sold on a regular basis.  If they satisfy the court that they purchased the account, that transfer creates an agreement between the plaintiff and defendant.

Also, read the cardmember agreement.  It will have something about assignment and will state that the bank can assign their rights to the account.  Somewhere in the agreement it will also be stated that your use of the card constitutes your acceptance of the terms and conditions which means you accept that the account can be assigned.

I’m not trying to discourage you.  But you need to be prepared for arguments the plaintiff might put forth.

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So, the video Bulldog shared, if Jefferson Capital can't PROVE they have the right to collect the debt, it MIGHT help you. But, it woudn't take much for them to remedy the issue. It is simple, they either can or cannot prove they own the debt and have the right to collect on it. It appears, however, except for stating in the affidavit they purchased the debt, and that is how Jefferson Capital owns it now, you really got nothing. They have the bill of sale showing they purchased it from the original creditor.

Governing law, that isn't going to help you at all arguing that.

 

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