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back from Trial

Date: Fri, 10/15/2010 - 09:28

Submitted by figures2000
on Fri, 10/15/2010 - 09:28

Posts: 249 Credits: [Donate]

Total Replies: 8


just got back from my trial... both the lawyer and the wittiness was there ... the trial happened. I objected to all there Evidence. Objected to the hearsay rule on the Affidavit of debt... but it was still allowed in. I objected that at no time was the Affidavit signer there for any acts between me or Bank of America...I objected to there Credit card statements as not Authenticated... they still allowed some of the statements in because of there witness.. the Fleet bank ones was not allowed it... I think he did say something about the Affidavit having no other docs with it or refering to any...the Bill of sale was not allowed in as Evidence but the judge said he would take it under advisement....I gave him some case law NORFOLK FINANCIAL CORPORATION vs. NADINE MAZARD... to support my claim that they don't have valid proof they own the account. the JDB Lawyer said that was no good.. The Judge said he knows mostly contract laws and not JDB Ones. he said there was no credit card agreement included and on the statements that were allowed in there was no payments made shown.. he did not rule on the case and said you will get a ruling within 30 days in the mail

I am not sure what to think.. I thought by the bill of sale not being allowed in it looked good


HHmmm...your situation is kind of baffling to me. I have never heard (and I could be wrong) of the testimony of an employee of the JDB being allowed. That employee had nothing to do with and had no knowledge of your account when it was with the OC. For all intents and purposes, all she is doing is reading from the statements that were obtained from the OC. She might as well been reading from the newspaper. That my friend is hearsay. If the judge rules against you, I would definitely look into hiring a lawyer and seeing if you can appeal the ruling. Many times, you can.


lrhall41

Submitted by anonymous on Sun, 10/17/2010 - 13:39

( Posts: 202330 | Credits: )


Quote:

Originally Posted by figures2000
I Have still not gotten a answer from the court as of yet on the ruling of my case... but the JDB Laywer called me today and left a message on my Machine... why would they be calling me?????? I wonder if I lost my case???


well the judge said you will be notified in 30 days.that result should be from the court.i would check with your court clerk to see if there was a ruling.i wouldn't trust the JDB lawyer at all at this point.


lrhall41

Submitted by paulmergel on Wed, 11/03/2010 - 14:56

( Posts: 15514 | Credits: )


I double check and it was not the JDB lawyer who called it was a rep from them saying there called about a debt.. not sure what to think if they know they won or know they lost and trying to settle before I find out... I am not calling them anyways.. I will wait for the letter from the court... then appeal if I lose

I will still will be shocked if I lose because of there Affidvitt of debt and 4 statements that does not even show a payment on them


lrhall41

Submitted by figures2000 on Wed, 11/03/2010 - 15:24

( Posts: 249 | Credits: )


well i would save the messages along with a log of what day they call.it does seem like you got a judge that is either clueless,or favors bottomfeeders.either way anything from now until you find out can be used as part of your appeal as you should be notified first in my eyes.btw if you hav to appeal demand a different judge.what exactly is JDB law?get a judge versed in the FDCPA and it's violations.then this will be dismissed quickly.


lrhall41

Submitted by paulmergel on Thu, 11/04/2010 - 05:36

( Posts: 15514 | Credits: )


I think the Judge I had did not have much knowleadge of JDB cases... he said he mostly dealed with contract laws.. I was told by a local Consumer lawyer they could not win at trial... the Judge allowed the Allowed the Affidavit it into Evidence because they had a Witness from the Plaintiff to authenticate it... but how can a Affidavit alone show valid proof of assignment is besides me... I am contacting the local lawyer to see what he thinks of the whole thing


lrhall41

Submitted by figures2000 on Thu, 11/04/2010 - 06:26

( Posts: 249 | Credits: )