Discovery Answers today from JDB

If I remember correctly your from Massachusetts???

You will not see a judge at the pre-trial, they will have a neutral party,an attorney appointed by the court there. It will be pretty much talk about if you have an agreement to pay, if all discovery is in and if you want to go to trial or not.

That bill of sale does not have your name on it, it is for the whole portfolio, not admissible in court as it does not contain your account. If the statements are not from the OC and are not on their paperwork, not admissible in court.

There are some things you need to prepare for trial, such as your evidence to present to the judge. Not sure what else you need I have to look over the old forms I have.

I am probably 80% sure this will not even make it to trial and they will fie a stipulation of dismissal a week before the trial. Most likely it will be without prejudice so they can sell it off. If it does go to trial it will get dismissed as they have no contract. You will be able to question them at the trial at how they came to the conclusion that it was destroyed. If they say BOA told them that, it is hearsay.

Yes I am from Massachusetts, if at some point they file a Motion to dismiss without prejudice, Can I then file a motion asking the Judge to Dismiss with prejudice ???


The copies look to be original statements from the OC, But there is no Paperwork or a affidavit included from the OC Stating these copies to be from Original Statements,

they did supply a copy of a affidavit of Debt from the OC as well

When a dismissal is filed before the trial date by the Plaintiff, it is by stipulation. Both parties have to agree to it and sign for it. If they do send the stipulation to you, tell them to send another,or fax one, and you want it with prejudice. Be firm in that you know they have nothing on you and they should just take their losses. If that fails then it is up to you to either go to trial and try to get it with prejudice or just sign it and wait for the next jdb to get it,by that time it might be more than 6 years and be uncollectable anyway so you should just sign it.

(1) By Plaintiff; By Stipulation. Subject to the provisions of these rules and of any statute of this Commonwealth, an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of this or any other state an action based on or including the same claim.

Just so you know, look over the form good for the notice of pretrial conference. You will see where it says,,,,Memorandum....they must send this to you 3 weeks prior to pre-trial. Go down to sanctions on the same form if they do not send this to you and you can see where it says that you can file for a dismissal for failing to follow the order.

I do see the memorandum part as well as the Sanctions part on the form, what is a Memorandum and do I have to respond to it like the summons and discovery Questions?????

Memorandum is pretty much a memo of what the complaints are and what has happened so far. Pretty much a memory refresher. You either respong by confirming or denying each statement if I remember correctly.

They have to send it to you 3 weeks prior,,,I don't have the papers in front of me right now but I think you have to respond within 1 week of the pre-trial. IF they do not mail it to you don't worry, If they give it to you the day of the pre-trial or do not have it, tell them you are going to file a motion to dismiss for failing to follow civil procedure rules.

They will try to scare you, one tried that with me. They where gung ho to go to trial and the attorney even said " I am looking forward to it" I flipped him off on the way out,lol. They sent me a letter to call and settle so I didn't have to go to trial a week before trial and a few days later they filed a stipulation to dismiss which I happily agreed to.

I am not saying this will happen to you but for them to convince a judge you owe depends on a few things. If they have 3 different account numbers, no signed contract, Sloppy statements, it shows the judge they are sloppy and do not have their act together. If they do not have your SS# that is even better. If I where a judge and even though I was pretty sure you owed it, I would not rule in favor of a plaintiff who is unorganized.

How can they can collect on this debt , if they have not provided me with the proper chain of custody I requested from them in Discovery????

there proof and I am not sure if it will be entered or allowed into evidence is


a Affidavit of debt from OC,
6 old copies of credit card statements from the OC
A blank BOS from the OC with no info of me or the Account in question on it
a copy of a Credit Card agreement you can not read dated 1999, there claim account was open in 95
a Second Affidavit of debt from the OC, claiming all 3 account numbers used in there complaint is from the same account, again no info about me or the account numbers in Question on it

Quote:

the lawyer for the JDB at my case management conf looked more Nervous them I did and looked in a rush, I think they are just looking for default judgements, they would call your names no one would answered the lawyer would request default judgement, I smiled when they called my name and he looked at me and I said to myself no default judgement here lol

Ha ha!!!!!!!! I forgot to sign in,,,,,Pokertramp.

Again Ha ha that is some good stuff. It is pretty good to outsmart a lawyer but for a lawyer to tell a judge what to do!!! That is funny!!!!!!!!!!!

What about the chain of Custody / notice of assignment, there claiming they own the debt, How can they Sue and win without this, I have requested it in Discovery and have yet to get it

Me again,pokertramp...


If they had a signed contract and no chain of custody they probably could still win.....that is unless you knock down the signed contract....which they do not have.


They are taking their time hoping to get more paperwork on you, which they will not. I got all worked up like you did when I didn't get what I wanted. Just take it slow and easy. They are going to try to scare you and try to settle with you before trial. Don't fall for it.

I personally would file a motion to dismiss right now. Waste their time, make them come down to the courthouse. Make sure you have all your defenses together. outline in the paper that they give you 3 different credit card numbers.....


That was you right?? If you want me to check the leagallity of those 3 credit card numbers, let me know. Or you can read and do it yourself. Just search around online for
Luhn algorithm

no they have no signed contract, they claim it was destroyed, yea, I questioned there 3 different credit card numbers and they sent me some statements with 2 of the numbers on them, and they sent me nothing for the 3rd Number, also they sent me a affidvit from BOA Claiming all 3 account numbers was from the same account, But again no info about me or the account numbers in Question on it, they sent me 6 statements 5 from the same account number and a sixth one 2 years after the Account was charged off with a second account number, I am guessing this is the charge off Account Number

they have no contract, they have not given me any chain of Custody, I am going to object to there right to Sue me for this Debt

LVNV Funding choked! I sent a second set of interrogatories to them and a week later I get a voluntary dismissal notice of their case against me to the court. Trust me folks, answer the complaint, hit them with discovery request for original documents and they will eventually fold. They have NOTHING!

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

I know how you feel figures..I've just recently been served on a BOA account in GA thru Magistrate court. The affidavit that was attaced to the summons is just like you said..has three different account numbers. CACH LLC is the JDB on this account. The affidavit also said the original was destroyed. Where and by who was your affidavit signed. Mine is by a Brian Kilpatrick in Greensboro NC. I'm going to have to do some research to see how to file an answer in Magistrate Court.

Quote:

I found this paul:, says he is a senior team leader for BOA.

http://www.linkedin.com/in/kilpatrickbrian

This one says assistant vice president:

http://www.linkedin.com/pub/brian-kilpatrick/9/a3/573

Quote:

thanks for the info poker. I see on the affidavit that his name is stamped in with an ink stamp..guess that would be standard if he had alot of things to sign? and at the bottom where it is suppose to be signed it is just initialed and doesnt look like his initals..I know that would be a broad interpetation of handwriting to dispute that. wonder if he and the attorney are willing to make that ten hour trip to show up for a hearing? guess we will find out.

I've got ten bucks that says BOA isn't gonna pay him two days pay to go testify about a debt that they don't even own anymore...

I wouldn't sweat it. CACH is notorious for 'cooked' affidavits. Move to strike the affidavit as hearsay.

My Affidavit was signed by a Vicki Kyle, that works for BOA,

Thanks Poker

at what Point do I file a motion to dismiss for failing to follow the rules of procedure, if they dont send me a Memorandum, Week before Pre-trial or at The Pre-trial?????

Thanks

I looked mine up on Linkedin as well and it says Vicki Kyle is a AVP as well, I think these Names are Bogus

Regarding the affiant who "signed" the affidavit with an ink stamp, wouldn't that be illegal? How can it be signing an affidavit? Brian Kilpatrick supposedly signed the affidavit in my case with CACH. It looks like an actual signature, not a stamp, but it's scribbled and illegible. So why are there two different signatures out there for the same person?

mine is stamped by the Notary, I have sent discovery to Cach about this debt, I requested signed Documents with my Signature on them they have sent me nothing, and claim it was destoyed, I requested a complete payment history got nothing, if they owe my account, they Must show a chain of custody or Assignment, I requested this in Discovery as well and have got nothing, my Pre-trial is almost in a Month

Tough to say figures, You could do it if you don't get anything at the pre-trial. Even if you do, I probably would still file a motion to dismiss. Outline everything in your complaint such as them not having any documents, giving you 3 different card numbers, not following rules of procedure.

It will do 2 things, it will show you don't back down and it will make them come to the court house one more time they don't have to....if they do not show up, you have a good shot of getting it dismissed. Once the case goes to trial, they cannot simply pull out a contract and say "here it is" ....all evidence must be submitted by the rules of procedure, same goes for witnesses. They can't just bring someone in the day of the trial. I think everything they will use must be sent to the judge 1 week before trial, after that anything they try to use can be objected to.

You shouldn't have a problem though, stand you guard as I do not see this going to trial, hopefully it will end like mine did.

On the memorandum once I get it, Can I answer can not Confirm or Deny due to the fact the Plaintiff has Not Provided the infomation Requested By the
Defendant During Discovery????

I got a Letter today from the JDB lawyer and I thought it was a memorandum but it was not, it was answers to my discovery Questions, That I have already gotten answers from them about a few months ago, this time they change there answers with Ojection and more run around answers saying BOA Claims the signed Docs have been destroyed, I still have yet to get any signed Docs with my name on it,or even a comptete history of the Account and how they came to the Balance there claiming it is, I also requested if they now do indeed owe the Account, I want a copy of the chain of the custody / Assignement and I have yet to get that

there proof to the Judge will be a affidavit of Debt from the OC, 7 copies of old Credit card statments from the Account, a blank Bill of sale from the OC with no info of me or the Account on it, A copy of a Credit Card agreement that you cant read, dated from 1999, Account was open in 1995, A second Affidavit of debt from the OC, claiming all 3 credit card numbers used is from the same account, and again no info of me or the Account numbers in Question on it, I dont see how they can win if this goes to Trial

Figures,

Read over the credit card agreement very carefully. Look to see if it says the agreement is only governed by another states laws. Some, like providian, are only governed by the state of New Hampshire. NH has a 3 year SOL on credit card debt and you can use that to your advantage.

I can't remember exactly how to answer the memorandum, it should tell you what you need to do on the pre trial form I think. You pretty much confirm or deny the statements I think. The affidavit is hearsay no matter what, it is up to the judge if he is having a good day to throw it out. It is also up to you to object to it. The credit card statement must be from the OC, not a list of what the debt collector already has in their computer. If it is not from the OC it is hearsay. The credit card agreement is not admissible evidence, but if you can use it to your advantage then do it, such as with the SOL if anything is in there. Otherwise saying you opened the account in 1995 and having an agreement from 1999, you must of had a time machine. Also how many other people did they use that on seeing as it was probably photocopied 100 times.....not admissible as evidence.

How someone can have 3 different card numbers for the same account is beyond me. Does it show that on your credit report?

They don't stand a chance in court, It is up to you to object at the right times though. It is also up to the judge, some are consumer friendly, some will side with a debt collector attorney no matter what.


If you want, I can check the legallity of those credit card numbers for you. I can use that math formula, the checksum-modulus 10.....checking the check digit. It pretty much has a math formula and if the final number does not end in 10 or 5, the number is fake. If you PM me the numbers, I can check them for you. I wouldn't post them in the open though, not like it matters, they are already charged off anyway, lol.

The Credit card statements look to be Copies from the OC, I wil try to read over the Credit card Agreement, it is just about Unreadable, My Court date is in about a month, So I should have a memorandum within a week or So, Do I Object to the Affidavit as Hersay on The Memorandum Pre-trial or the Trial its self????, If they dont have any signed Docs and have not Supplied me with a Assessment showing me they own my Debt and have the legal right to collect on it, I dont see how a judge will side with them just off Affidavit some copies of a old statements and a Blank bill of sale