Good day,
I live in Maryland and I have been summoned to appear in court for a credit card debt. I have filed a motion of intend to defend and filed for discovery. The plaintiff's attorney sent me a telemarketing transcript as a substitute for the signed contract that I requested. They also sent me a few statements, an affidavit of sale, a bill of sale, a certificate of assignment and an account summary statement. Can the telemarketing transcript substitute the a signed contract or a recording.
They also filed a notice of intention to introduce business records under Maryland rule 5-902(a)(11).(b) - Any idea what that entails? Does it pertains to the documents they have provided me or does it refer to other documents?
My last concern is that they never answered my questionnaire this is the second time they send me a pile of documents most of which I received with the summon. Isn t it that they have to respond to every single question in the discovery statement.
Thanks in advance for your time and assistance

IF they did not provide what you request in discovery, file motion to compel in the court.

NOw since they stated MD rule 5-902, file another disocvery request the evidence they plan to use

Here is Maryland rule you noted

Maryland Rule 5-902(a)(11) provides:

(a) Generally. Except as otherwise provided by statute, extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

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(11) Certified Records of Regularly Conducted Business Activity. The original or a duplicate of a record of regularly conducted business activity, within the scope of Rule 5_803(b)(6), which the custodian or another qualified individual certifies (A) was made, at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person with knowledge of those matters, (B) is made and kept in the course of the regularly conducted business activity, and (C) was made and kept by the regularly conducted business activity as a regular practice, unless the sources of information or the method or circumstances of preparation indicate lack of trustworthiness; but a record so certified is not self_authenticating under this subsection unless the proponent makes an intention to offer it known to the adverse party and makes it available for inspection sufficiently in advance of its offer in evidence to provide the adverse party with a fair opportunity to challenge it.

Thank you for your answer, my court date is next Wednesday. These are my questions:
1- Could it be that the intention to introduce business records is for the telemarketing transcript that they are adding to their package?
2- If I send another discovery today, a week before the court date, Could they argue that they are not given enough time to respond to it.
3- At this point how do I go about getting the court to postpone the hearing.
4- If that is not possible now how do I ask for a postponement while at the hearing.
Thanks for addressing my concerns.

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Originally Posted by hopemd

Thank you for your answer, my court date is next Wednesday. These are my questions:
1- Could it be that the intention to introduce business records is for the telemarketing transcript that they are adding to their package?
2- If I send another discovery today, a week before the court date, Could they argue that they are not given enough time to respond to it.
3- At this point how do I go about getting the court to postpone the hearing.
4- If that is not possible now how do I ask for a postponement while at the hearing.
Thanks for addressing my concerns.

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Remember this in court, the plaintiff must be present to testify against you, no plaintiff ,no case. Anything the attorney stated in brief or oral argument is hearsay and you should objection on those grounds. A addidavit is no good unless you have the opportiunty to cross the witness, no witness, no claim, no signed original contract, no claim.

Do not be afraid to speak up and objection.

Thanks Mr Yet. I will do. I am going to try to attend other public hearings to get a feel and know what to expect. Would that help?
I reviewed the documents they sent me and I still feel that they did not answer all the questions. Should I file a motion to compel? Once I file it then what? Do they have to bring the answers or else there is no trial. Where do we go from the moment I file the motion to compel. I understand the notice of intend to defend and the discovery that I have already done but I don t know the effects of filing a motion of intend to defend less than a week before the trial.
Thanks again for your time .

I am not in Maryland; that being said, were you aware that the telemarketer was recording the call? Did you consent to the recording? Were you asked if you understood that the recording was going to be considered a binding contract?

Judy, It s not a recording, They called it telemarketing application. It has my name and contact information. They gave that to me in response to my request of a signed contract or a voice recording.
Thanks for responding.

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Originally Posted by hopemd

Judy, It s not a recording, They called it telemarketing application. It has my name and contact information. They gave that to me in response to my request of a signed contract or a voice recording.
Thanks for responding.

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I am getting confused - are they suing on a breached contract yet they haven't provided you with a copy of the contract? (I have to wonder the value of a telemarketing application.) It would appear to me that they are short of their burden of proof. Did you actually receive merchandise - or what are they arguing?

Ahh - read back and now I think/hope I've got it. This is a credit card debt. I believe if you received and used the credit card you created a contract. I am aware of a somewhat similar situation - did not apply for credit card but got one in mail with small line of credit; used the credit card; didn't make the payments; ended up in Court; argued no contract; lost - the act of using the card created a contract, unfortunately on the credit card company's terms.

If the debt is yours you might be spending more time fighting it with little/no defense than makes sense. Hard to walk away from some of these situations but sometimes you just have to.

I didn't t really used the money, it appears that my older cousin used my info to open small balance credit cards. I wasn t sure that this was one of them. Now it s catching up on me that s why I was insisting on the burden of proof. I can t prove that it s not me cause they don t have a contract with a signature but a telemarketing application that has my personal info. I was told to file a police report but for one I don t have my estranged cousin's info and for two even if I knew where she is, I don t know that I could report her. I feel terrible about this cause I don t have enough time before the trial and it seems like I have no defense anyway.
Thanks for your help and insight.

Hi
I just wanted to give an update on my case for those of you who are seeking help and answers.
I did go to court which is the best thing you could do for yourself. The attorney for the plaintiff had at least five other cases that he won cause no one showed up.
We are standing in continuance waiting for a next court date because I refused to pay anything unless they have a contract and all the documents (statements and such). The Attorney stated that he can try to produce the remaining statements but doesn't t think that he can produce a signed contract as some credit cards are presumably given without over the internet or by phone. Which I responded that it was their responsibility to make sure that they hold the borrowers liable.
The attorney was unprepared, he came late and they still let him sign in, then we had to wait for him for at least ten minutes while he was traveling from one courtroom to the next -very frustrating but I kept my cool. I should have got it over that day but I agreed to go to continuance. I regret it now, I should have followed my guts.
I am currently waiting for a new court date and he is probably trying to find other documents linking me to this debt as he was unable to do it then.
I hope this helps and thank you to everyone contributing in this site.
I will keep you all updated as I go along.

If they happen to find any more documents and don't give you a copy request another continuance for you to review the documents at the hearing.

They most likely don't have any so at the next hearing move to dismiss with prejudice, that way they cannot refile later.

Thanks Mr Yet,
I doubt they have anything else. I can make that motion verbally on the day of or should I have it type up and ready for the judge?
Thanks

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Originally Posted by hopemd

Thanks Mr Yet,
I doubt they have anything else. I can make that motion verbally on the day of or should I have it type up and ready for the judge?
Thanks

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SHOULD TO SPOKEN, BUT EITHER IS GOOD.

Thanks Mr Yet.

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Originally Posted by mr.yet

If they happen to find any more documents and dont give you a copy request another continuance for you to review the documents at the hearing.

They most likely dont have any so at the next hearing move to dismiss with prejudice, that way they cannot refile later.

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If they do not have the documents the Judge may very possibly dismiss the matter upon your verbal request. Whether he will dismiss with prejudice is up to the Judge and the circumstances.

Hi,
Another update, I got a judgment in my favor. I will be sure to come back to elaborate more on the trial. Thanks for all the help.