Ask Me Help Desk - Being sued by JDB who was requested to produce documentation

Requested JDB to provide copy of original contract signed by me and the original creditor, provide docuemtnation of what the JDB actually paid for the debt. What I got was an Affidavit of Claim that says an employee of the JDB can attest that this is my debt (I asked for a motion to strike based on the fact that that person has no personal knowledge or was a witness to me signing any contract), a bill of sale which does not list my name (I asked to strike based on that information does not bear my name on it anywhere so it could pertain to anyone including but not limited to anyone that ever lived at the address I live at or "Mickey Mouse or Donald Duck") and an assignment with a list of about 19 other names that have been blackened out all but mine, my ss# and an amount allegedly owed (I asked to strike based on the fact that it was nothing more than a computer generated excel spreadsheet that has no identifying mark as to who originated it and where it came from and that anyone could make that up from various information). I did not get any of the documents I asked for but got a letter from the plaintiffs attorney saying my motion to strike was untimely and irrelevant, that I am responding to information they provided me but did not provide to the court and I should pay his fees for being forced to respond. Now I am trying to decide how to respond to this. I feel they should have provided the information to the court that they provided me. So far I think I have them not expecting me to push back and that is in my favor I think. Every time they send me something I respond as to why it is not viable evidence. Also, from what I can tell on my credit report, at the same time they purchased the debt the original creditor wrote off 3/4 of the debt and then showed 1/4 still owing and reaged the account and the JDB also then put on my credit report the original amount so I now have it on my credit report twice and I think they can't do that. Anyone have any ideas we have a pretrial conference on June 1 and I wonder what I should be doing or say at the conference.

First the fact that they wrote off any of it has no bearing on what you owe. What it sounds like is the sold the debt for .25 on the dollar so they wrote off the balance as a loss. But that is pruely a tax maneuver on their part and again, has no bearing on you.

Stop filing so many motions. I doubt if this will be played out before a jury. The only reason to move to strike statements from the other side is so that the jury cannot consider them in reaching a verdict.

But if you will be going before a judge, don't try to dazzle the judge with legal footwork unless you are a lawyer and even then you shouldn't. Let them present their evidence and you present yours or point out their lack of evidence.

Its simply a matter of whether they proved that the account was yours and the debt valid. If they haven't offered proof of that, then you ask for a dismissal.

After I filed my answer to their summons I did file request for production of the original contract that I signed with the original creditor, a copy of a contract that I signed with the JDB agreeing to pay them anything, provide documentation on what they paid for the debt and a complete detailed account history from the original creditor until they purchased it. I have received nothing regarding any of this. Just the stuff I mentioned in last post, which I feel proves nothing but that they bought a debt and are trying to collect more than they are due for unjust enrichment. If it comes down to it I should only be responsible for what they actually paid? Is there any suggestions about what I should do or say at the pre trial conference or what I should expect to happen at that conference.

I would expect them not to show up personally, collections actually push to the point and try and get the judgement because you do't show up. So they win by default normally.

I would also say that you keep all of your certified mail reciepts to them where you requested all of this info ( with copies of the letters) when they don't have any proof of you oweing the actual debt ( original loan or pay documents) you should get the case dismissed.

But my personal guess they won't even show up.

The fact that they haven't produced the documents is good for you. Don't sweat it. It means they will either not appear at the hearing because they know they will lose or they might give it one last try, but the judge will toss them.

As for what they paid for the debt, that's none of your business. They don't have to reveal that information unless its written into the contract they have with the previous holder of the debt. Because they do have to produce proof they own or are otherwise entitled to collect the debt.

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Originally Posted by ScottGem

The fact that they haven't produced the documents is good for you. Don't sweat it. It means they will either not appear at the hearing because they know they will lose or they might give it one last try, but the judge will toss them.

As for what they paid for the debt, that's none of your business. They don't have to reveal that information unless its written into the contract they have with the previous holder of the debt. Because they do have to produce proof they own or are otherwise entitled to collect the debt.

Well they have provided me with an Affidavit of claim by some employee with their company that says she has knowledge that this is my debt and that she keeps their books.. but if it went to trial I could challenger and ask her if she has ever had knowledge or proof that I signed a contract with the original creditor or if was there when I signed it... and she won't be able to say she does as she is not an employee of the originial creditor. They also sent me an Affidavit of account by one of their employees that says nothing more than this is the amount and this is what I owe, and then they sent the Bill of Sale from BOA but it does not list my name on it and they sent an Assignment (Of what I don't know) but it does not have my name on it and the last thing is that excel spreadsheet with the 20 names on it, date account was opened and amount owed and ss# with all names blackened out but mine but it has no identifying information and is something I could even create if I had a way to access peoples credit bureau reports which they do. They did not file any of that with the disclosure statement they just sent it to me and filed a statement that they sent me a disclosure statement and listed what they sent me. I am assuming by all I read everywhere that is not enough to prove their case. They are also appearing telephonically at the hearing because they say they have another hearing at the same time as mine. How is it that as big as Cavalry is and I am sure they have several attorney's they are not appearing in person. Is that possibly in my favor? Any suggestions what I should say at the pre-trial.

Just tell it plain and simple that you don't believe this is your debt and they haven't done anything to prove that.