pre-trial Memorandum

I just noticed something on the Affidavit of debt, the sale of the account to the JDB was Oct 2007 and this affidavit was created in Feb 2009 would it make this Affidavit untrustworthy?????

I would argue that it is untrustworthy. It was not prepared at the time the event (the sale) occurred, and was obviously prepared for litigation.

I need to word it correctly, to add to my motion to dismiss ,

Should I say something like, Defendant Believes the Affidavit of debt to be untrustworthy. Do to the Fact that the affidavit of debt was not prepared at the time the Plaintiff claims to have purchase the Debt , Affidavit was Prepared 1 year and four months after the said Purchase making it untrustworthy

Defendant Believes the Affidavit of debt to be untrustworthy. Do to the Fact that the affidavit of debt was not prepared at the time the Plaintiff claims to have purchase the Debt , Affidavit was Prepared 1 year and four months after the said Purchase making it untrustworthy

but that really isnt the case here though.....

affidavits like these arent supposed to be created at the time of the sale. The purpose of the affidavit is so that someone can attest to those events taking place.

Rather than focus on the time, I would instead look at the exact statement of sale. Normally, these debt buyers will buy up a whole lot of accounts at once, and so your specific account number, name, SSN, etc will not be anywhere on the certificate of sale, because the sale was actually hundreds of accounts being bought at once. There is a thread in the "members only" section entitled "certificate of assignment or just some trick". Read that thread, you will see where the OP posted some info about this exact situation. It will tell you how you can proceed with getting these documents either properly authenticated or thrown out.

Also, I like your motion, but be sure to use whatever format the court clerks office says you need to use, or the court will likely just throw it out.

The affidavit of debt does state my name, SS# and also a charged off account number, there bill of sale supplies nothing, no name account number nothing at all, I will go to the court house on monday and ask the Clerks office for the paper work I need to file for a motion to dismiss and include my reasons to dismiss with there paper work

yeah, the bill of sale is the one I was referring to, when they buy hundreds of accounts at once there will not be a bill of sale with your info on it. Thats the angle you need to push in regards to that document.

on the bill of sale, I did state in my motion to dismiss that it had no info about me or the account number in question on it, my angle and DEF is that they have not shown they leagally own this debt and have the right to collect on it, I don't believe what they supplied me is enough

I got my Memorandum today, less then a week before the Pre-Trial, How do I go about answering this, it basicly states I entered into a agreement with BOA, used the credit card and owe a balance, and plaintiff is the true holder of the debt incurred by me

also says there will be a witness for plaintiff, lol the name is Magic West or a alternative to be named prior to trial

You would probably object to the ones you agree with and state why you disagree. If you agree with a statement, you would say agree and that's it. You also will probably have to format it to the courts standards,,,just like all letters are set up such as your state across the top, plaintiff and defendant on the left side, court docket number and such on the right....You will put the ones they put and then under it you put if you agree or object.

You probably have to serve a copy to the courts and to the plaintiffs attorney....as for the witness, object as any information provided by the witness is hearsay and has no standing....I take it the witness is an employee of either the debt collector or the law firm...They where not at the credit card company when your credit card application went through, did not see you sign for it...and so on.

ok so I pretty much do the same set up format as they used to send it to me, court doc # and so on, would I title it defendants Revised Pre-tril memorandum???,

these are there claims,

defendant entered into a credit card agreement with boa
defendaint used credit card to purchase goods in the amount of xxx
plaintiff purchased the debt from BOA and is the true holder of the debt incurred by defendant

ok this is my answer

Defendant can not confirm or deny, the plaintiff has not provided sufficient Documentation to prove that the Defendant entered into a credit card agreement with Plaintiff's predecessor,

Defendant can not confirm or deny, Plaintiff has yet to provided sufficient Documentation to prove Defendant used the credit card for purchases and how they came to the total amount there claiming is owed

Plaintiff has yet to prove sufficient Documentation to defendant, to show they are the true Legal Holder of the debt and have the Legal Right to collect on it


Defendant Objects to any information provided by the witness Magic West or alternative as hearsay and has no Standing, at no time were they present to witness any alleged acts or creation of the records of transactions occurring between Defendant and Bank of America

sounds pretty good to me.

I am pretty sure you would put defendants Revised Pre-tril memorandum, that sounds about right.

Do I have to include there Summary or just my answers below it, I am working on it now, because I would like to file with the court tommorrow

You would put their statement first then under it you put Answer: then put whether you object or agree.

Hopefully that is what you are asking.

yup the was what I was asking, should I still file the motion to dismiss????

It probably will not do any good, most likely it will get denied....the most you would do is waste their time to come down from Boston,lol....which isn't a bad thing.

Your best bet is to probably wait it out and see what happens the next time you go to court for the pre trial...most likely they will act tough...blah blah blah to them......They will probably try to collect once more before it goes to trial, to try and get you to settle so you do not have to go to court and if they fail on that, they will probably motion to dismiss right before.

ok , I am going to court this afternoon and check with the Clerks office to see if I have to file a revision with the court or just send to the JDB Lawyer,

it says on the court papers, 2 weeks before trial defense shall prepare and serve any revisions to such memorandum, Councel for all parties shall thereafter confer and, at least one week before the Conf, file joint memorandum with the court,

ok so here is my finshed Revision of the Memorandum

[FONT=Calibri] DEFENDANT’S REVISION PRE-TRIAL MEMORANDUM[FONT=Times New Roman][/FONT][/FONT]

Summary of Claim
[COLOR=black]1: Plaintiff contends that the Defendant entered into a credit card agreement with Plaintiff’s predecessor in interest, Bank of America[/COLOR]
[COLOR=black] [/COLOR]
[SIZE=3][COLOR=black]Answer:[/COLOR][COLOR=black] [/COLOR][COLOR=black]Defendant Objects the plaintiff has yet to provide sufficient Documentation to prove that the Defendant entered into a credit card agreement with Plaintiff's predecessor[/COLOR][/SIZE]
[COLOR=black] [/COLOR]
[COLOR=black]2: Plaintiff further contends that the defendant used the credit card issued by plaintiff purchasing goods and services for the Amount of xxxx[/COLOR]
[COLOR=black] [/COLOR]
[SIZE=3][COLOR=black]Answer: [/COLOR][COLOR=black]Defendant Objects Plaintiff has yet to provide sufficient Documentation to prove Defendant used the credit card for purchases and how they came to the total amount there claiming is owed[/COLOR][COLOR=black][FONT=Verdana][/FONT][/COLOR][/SIZE]
[COLOR=black] [/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black]3: Plaintiff subsequently purchased the account from Bank of America and is the True holder of the debt incurred by Defendant[/COLOR]
[COLOR=black] [/COLOR]
[SIZE=3][COLOR=black]Answer: Plaintiff has yet to provide sufficient Legal Documentation to show they are the true Legal Holder of the debt and have the Legal Right to collect on it[/COLOR][COLOR=black][/COLOR][/SIZE]
[COLOR=black] [/COLOR]
[COLOR=black] LIST OF WITNESSES[/COLOR]
[COLOR=black] [/COLOR]
[COLOR=black] [/COLOR][COLOR=black]1: Plaintiff intends to call Magic West or alternative to be named prior to trial, Keeper and Custodian of the Records and Books of Plaintiff who will authenticate the records of Plaintiff and Testify as to how Plaintiff has arrived at its Damages[/COLOR]
[COLOR=black] [/COLOR]
[SIZE=3][COLOR=black]Answer: [/COLOR][COLOR=black]Defendant Objects to any information provided by the witness Magic West or alternative as hearsay and has no Standing at no time were they present to witness any alleged acts or creation of the records of transactions occurring between Defendant and Bank of America [/COLOR][/SIZE]
[COLOR=black] [/COLOR]
[COLOR=black] [/COLOR]

I went to the clerks office, they told me that me and the JDB Lawyer need to confer and file a joint memorandum with the court, I told them I just got this memorandum yesterday and my court date is in 5 days, I asked can I file my Revision with the court anyways, they said yes, so I filed it, then I went to the post office and mailed a copy of my revision memorandum to the JDB Lawyer CM RRR,

The court order says they must send me a memorandum 3 weeks prior to the Pre-trial, Then 2 weeks prior, I must prepare and serve any revisions to such memorandum, thereafter parties shall confer and file a joint pretrial memorandum with the court,

this is kind of hard to do when they send the memorandum 6 days before pre-trial are they trying to pull something by sending it late???

The witness the plaintiff says they intend to call, is that really their name, Magic West? And who do they work for? Why are they not calling the OC witness who allegedly signed the affidavit? That's the only person with first-hand knowledge.

yea, thats the name on the memorandom lol Magic west, I dont even think thats a really person, but it says they are the keeper and custoian of records and books of the plaintiff who will authenticate the records of the plaintiff and testify to how plaintiff arrived at its damages


I dont even see how they have proof I even had a agreement with the OC, there proof is affidvit of debt from OC and 6 old credit card statements from 3 to 10 years ago and they have not been authenticated by the OC and a blank bill of sale and a credit card agreement dates 4 years after there claimg the account was opened