Fair Debt Collection Act

first things first. point that out to the judge and it will make your case for getting it dismissed with prejudice.then get a lawyer and sue them in return.because that is a violation.they really made your case with that line.talk about dumb.oh another question.did you contest the affidavit,or demand the person who signed it show up and testify?if so then they backtracked,and were hoping you didnt notice.either way they just contradicted themselves,and you should be able to get it dismissed with prejudice.

How do I contest the Affidavit???, can I just say I object to it at my Case Conf or do I have to file a motion to strike ????

I sent them a second set of Interrogatories asking this

Pursuant to your response to Defendant's First set of Interrogatories number 13, State if Defendant has a Business Relationship with you on this Debt, If Plaintiff is a Assignee, State why Affidavit of debt states Plaintiff was sold debt on October 23 2007

you can demand that the person who signed the affidavit show up as a witness,or move to have the affidavit removed as hearsay,but it looks like they made a crtitical mistake in answering the interrogatories.i would use that to your advantage.if you get the affidavit struck then they can claim what the interrogatories is true.use there contradiction to get this dismissed.

thanks for the info, But I am still unclear how to do this

i would PM skydiver or uncle wulf.they should be able to assist with how to motion on that.sorry i can't help with that.

thanks Paul, Also before I was Sued, I requested debt validation they sent me a Affidavit of debt with 5 old statements, then a month later Sued me, is this true Debt Validation????

were the statements actually from the OC on the OC'S paper,or did it look like something they typed up?

yea they look to be copies of Real credit card Statements

okay,but were they statements from the OC.sometimes they can make statements look real,but it has to be from the OC.you are sure they from the OC?difficult to accomplish if they bought the debt.

to me there photo copies of real statements from the OC, But the account numbers on 4 statements and the affidavit are different, there is a 5th statement with a new account number on it, that is the account number on the affidavit, I am guessing they changed the account number once the account was charged off, Kind of funny a statement would be made a year or 2 after the account was charged off

like I said the affidvit of debt said they purchased the debt, yet there answer to my discovery said they are a asignee of the debt

if the account number on there affidavit doesn't match the OC'S then i would proceed as you are.they bought the debt,and did not validate.on top of that they contradicted themselves with the affidavit,and the response to the interrogatories.

they contradicted themselves on other things as well

Affidavit of debt and Plaintiff in Interrogatories state different Opening Account Numbers

Both in the Complaint and Interrogatories Plaintiff states Charged off was 7,244.07 Sept 05, Affidavit of Debt states charge off was 7,244.07 Oct /23/07

would I use all this Contradicting info on a Motion to Dismiss the case ????

i would.it seems they figured you would not notice their contradiction.point it out next time in court.

my court date for my Case managment Conf is tomorrow and I am confused what to say and do,

did you PM skydiver?he will know exactly what say in your motion.

yes I did I have not heard from him yet

You need to object to all their documents they want admitted unless they have a qualified witness. If they want to admit statements from the OC, then they need to have a witness from the OC to testify. Check the rules of evidence for your state, it's usually Rule 803(6), the business records exception.

my Case Conf is tomorrow afternoon, How do you object word of Mouth, or you have to file Motions ????

How did things go?

it was simple, the lawyer asked me if I wanted to settle, I said no, I told the judge I wanted a pre-trial and that was it, there was a bunch of credit cards lawsuits besides mine , they would call your name, the lawyer goes up looks to see if you answered there call of your name , if not he asks the Judge for a default judgement againest you, funny when my name was called he got up, saw I answered and sat back down lol, I think they really just think your not going to be there and its a easy pay day for them,

pre trial will pretty much go the same way. I bet the attorney will be more than willing to go trial but when it comes to a week before the trial date is set, they will fold.

There will be a neutral party at the pre trial, he will ask if you want to settle, say no, and a trial date will be set. Unless you asked for it in your answer, there will be no trial by jury.

Honestly I think they never have proof to go to trial and win the case, I think they try to scare you into not going to court to get a default judgement or settle, I would say with all the people there only 3 wanted a pre-trial, most did not show up, There lawyer looked more scared and Nervous then I did lol, he was in a rush like he had to be some where, I know he traveled like an hour and Half to get there ha ha ha, he gave me the paper for the Pre-trial date and I said thank you =) and he said if you want to settle give us a call and rushed out of the court house lol

Also, I had all this work ready for my case and needed nothing, only to show up, say I dont want to settle and ask for a pretrial thats it

irishpat77, the pre-trial goes the same way?????, dont I need to bring proof or say anything or file Motions ????

Yeah the pre trial is pretty much nothing. You can file a motion at any time, has nothing to do with the pre trial. It will most likely not go further than that. if they show up for trial they will need a signed contract, demand it.

thats it, just demand a signed contract, they dont have a signed contract they said in the affividit and in my discovery Questions, they said it was destroyed

That's hearsay, they don't know it was destroyed, ask them how they arrived at that when it goes to trial, IF it goes.

Did they sue you for breach of contract in the summons complaint? Hopefully they did cause they just committed perjury.

no in the Summons it says I am being sued by the Debt Buyer who purchased my Debt, They have yet to give me Paperwork of proof of a assignment of the debt, there claiming a blank bill of sale from the OC shows they own the debt, Should I request this Paperwork in Discovery????, I just got some discovery back from them and there saying they are a debt Buyer, and I asked if the signer of the Affidavit would be a witness at trial and they answered, they are not sure who they will call to testify at this time

Quote:

Hello guys I am new to this site and came across it while doing some research on google. Hope someone can help me. I am in a similar situation as "figures2000".. I received a warrant in debt civil claim for money and it says "to dispute this claim, you must appear on the return date for the judge to set another date for trial". The return date is tomorrow and was wondering what to say or do? I know the debt is mine but I still want some type of validation from them. Also, the account number they provided to me doesn't match the account number on the credit card which I still have. I wanted to show up tomorrow to get a date for trial so it would give me more time to get some money to settle with them outside of court. But now that I noticed the account numbers don't match, I am wondering if there are any alternatives for me besides settling? Any assistance would be appreciated.. Thank you!

If the account number is not yours, deny it 100%. make them prove you owe it.

Will do. Am I going to have enough time from tomorrow until the trial date they set to get them to validate it?

if they are a JDB and they purchased this Debt, Make then show you a Chain of Custody / Notice of Assignment that proves that have the right to collect on this Debt,

Also request proof the account numbers in Question are from the same account,
they claim the numbers they supplied me was the account number and a charge off account number, But they have even a third Number as well and in there Summons and discovery show 2 different open account Numbers its very confusing, But I will stand by my Answer to the Summons can not confirm or deny

They just told me in Discovery they are a debt buyer and they purchased my debt, So I just requested a Chain of Custody / Notice of Assignment during Discovery and I am waiting there reply, more then likely they do not have this

My Pre-trial is about a Month away, Should I be getting a Memorandum in the Mail Soon ?????