Author Topic: Attacking JDB chain of custody  (Read 439 times)

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The Litigator

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Attacking JDB chain of custody
« on: June 14, 2018 03:04:23 PM »
In JAMS.

JDB is introducing about six months worth of statements from Chase and an affidavit. JDB doesn't have much because JDB bought the account from Chase who bought the account from US Bank. So JDB is the third owner.

I'm thinking the best way to attack is chain of custody.

I'm still confused a bit on how exactly to attack their chain of custody.

CleaningUp

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Re: Attacking JDB chain of custody
« Reply #1 on: June 14, 2018 05:06:12 PM »
You are not going to be able to challenge the US Bank to Chase transfer.  That was a legitimate purchase of assets that was approved by the OCC.

I would be looking for ambiguity or out-right missing information on the transfer from Chase to the JDB, although in the past few years because of CPFB regulation, the account data that has to be transferred in such sales must be much more complete than in the past.

Of course, one could attempt to attack the account statements themselves and force the JDB to prove that they are, in fact, real statements and that they obtained them in the proper manner.

The CPFB, in the regulation designed to prevent the types of JDB fraud that have occurred in the past, have made it more difficult for people to challenge the authenticity of the evidence that JDB present.


The Litigator

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Re: Attacking JDB chain of custody
« Reply #2 on: June 14, 2018 06:26:38 PM »
Looks very grim CU.

I don't have much dirt on JDB and was using this to pressure a settlement.

Looks like this will go all the way to an in person hearing. The other side doesn't show signs of flinching.

Flyingifr

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Re: Attacking JDB chain of custody
« Reply #3 on: June 14, 2018 07:34:32 PM »
In JAMS.

JDB is introducing about six months worth of statements from Chase and an affidavit. JDB doesn't have much because JDB bought the account from Chase who bought the account from US Bank. So JDB is the third owner.

I'm thinking the best way to attack is chain of custody.

I'm still confused a bit on how exactly to attack their chain of custody.

You have it a little wrong. Chase didn't buy the account, it bought US Bank. By that event, US Bank became Chase. By using the card or not protesting the balance as it flowed from US Bank to Chase, you lost out on the opportunity to object to the Chain of Custody from US Bank to Chase.

JDB has to show that they purchased that particular account from Chase. Their problem is, the Bill of Sale shows what was sold by Chase to US Bank as "see attached list". If JDB doesn't produce that list with your account on it, they fail the Chain of Custody. In effect, they cannot prove they own the account and therefore cannot have any standing to sue.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

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The Litigator

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Re: Attacking JDB chain of custody
« Reply #4 on: June 14, 2018 08:24:22 PM »
You have it a little wrong. Chase didn't buy the account, it bought US Bank. By that event, US Bank became Chase. By using the card or not protesting the balance as it flowed from US Bank to Chase, you lost out on the opportunity to object to the Chain of Custody from US Bank to Chase.

JDB has to show that they purchased that particular account from Chase. Their problem is, the Bill of Sale shows what was sold by Chase to US Bank as "see attached list". If JDB doesn't produce that list with your account on it, they fail the Chain of Custody. In effect, they cannot prove they own the account and therefore cannot have any standing to sue.

I'm on the right track. I've already raised lack of standing as my affirmative defense along with some others.

Pretty sure the whole case will hinge on that defense because my claim is weak at best.

I'm waiting for the affidavit. I'm pretty sure it's going to be from a robosigner at the JDB saying he/she sees these documents all the time and "yea it's legit."


Flyingifr

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Re: Attacking JDB chain of custody
« Reply #5 on: June 14, 2018 11:08:50 PM »
I'm on the right track. I've already raised lack of standing as my affirmative defense along with some others.

Pretty sure the whole case will hinge on that defense because my claim is weak at best.

I'm waiting for the affidavit. I'm pretty sure it's going to be from a robosigner at the JDB saying he/she sees these documents all the time and "yea it's legit."

Saying it's legit and proving it with documentation are two very different things. That simply makes it your words (with an obvious self interest) against their words (with an obvious self interest) and who the Judge believes.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)