Need help with exibit E for Plaintiff

Well from looking at it in my opinion I would ask why would you want it thrown out. It looks like to me they are trying to collect a debt that was dismissed thru a bankruptcy. if that is the case then you have a counter-suit against them.

Dismissed, not discharged. I was initially granted a chapter 13 bankrupcy even though at the time I had no employment. (only prospects for employment) Then in order to convert to chapter 7 they wanted more money (I had zilch). Dismissed is much different than discharged. :(

I just don't think that it is necessary for the plaintiff to display my entire credit history (dating all the way back to 1988) just to show that a couple of the dates coincide with the case.

Could you object due to the rest of the report containing your private financial history?

Well, it clearly says that the account was paid in 07/04....so, why would they want to use as evidence against you a credit report that states that the account was paid already?

As for objecting to the rest of it, I wouldnt bother doing that because it still wont remove this portion of it. The judge might not allow them to show the rest of your report, but at the same time allow them to still put this into evidence.

check your PM's for a couple questions.....

I think that the plaintiff must be trying to discredit my credit history by displaying a long list (1 1/2 pgs) of collection accounts. I think alot of those are for the same accounts with OC. I guess I could just leave it in play because the plaintiff still has yet to prove that the account is mine. Plaintiff has displayed correct name and ss but wrong date of birth for the account. (See my post Exhibit B)
I've had at least 5 different BOA accounts over the years, I think that information must have got crossed in my reports somehow. I could dig up reports from 2003 and 2007 to show plenty of doubt and show a bunch of BOA account numbers but the only thing about dragging out a whole bunch of credit reports in court is that they may try to use all of that information to build a case for themselves. It's almost like they picked one from my reports to use in thier complaint.

My 2007 Equifax report shows for that same account number a c/o of 537.00. Argh. Why can't the plaintiff just prove to me that the account is mine by producing cc statements or SOMETHING that can be identified by me. Plaintiff is just trying to convince me by preparing a bunch of non-evident documents and highlighting a BOA account on a copy of my CR.

I see in my 2003 CR has a BOA account that has dates and limit amounts that match account in question (I think) but the account number is different. I think that this 2003 CR actually has the correct original account number 42XX for the account. Plaintiff complaint says original account number 48XXXX held with BOA. Humn... Should I helpout the plaintiff by giving him the information that he needs and tell him that he needs to amend his complaint? I've seen 3 different account numbers (so far) for what I think is the same account.

Somthing else that I can't remember if I mentioned. The plantiff has on thier copy of my TU CR (not on my copy) the word "Delinquency" in bold type for each and everyone of the tradelines. Including accounts (most of which) are in and always have been in good standing (never late). Can anyone answer that one? If you pick up plaintiff's copy of my credit report and just glance at it, anyone (I was) would be influenced to believe that everyone of those accounts are delinquent. I think I will just keep this CR in play keep its good qualities and make sure to point out to the judge the misleading and potentialy influential stuff.

Are you saying that they took your credit report and ADDED typed information to it??? Wow. Make sure you get a copy of that.....and sue them into oblivion....it looks to me like they are trying to discredit you. I would make darn sure to ask the judge why they would type up delinquency on accounts in good standing.

Plus, you can easily argue that the information on the credit report proves nothing, only that there is an account listing on your credit reports that you need to dispute.

Be sure to ask for real evidence, use discovery. Make sure the judge knows you want competent evidence, not a questionable account listed on a doctored credit report.