Author Topic: Chain of Custody - the JDB's Achilles Heel in Court  (Read 34526 times)

0 Members and 1 Guest are viewing this topic.

KFMAN

  • Valued Member
  • Posts: 5073
Re: Chain of Custody - the JDB's Achilles Heel in Court
« Reply #60 on: April 28, 2013 03:06:51 AM »
So is this document the chain of custody?

Declaration of account transfer

Sherman originator iii llc without recourse, to the extent permitted by applicable law transferred, sold assigned, conveyed, granted and delivered to sherman origninator llc all of its right title and interest in and to the receivables and other assets identified on exhibit A in the receivable file dated dec. 12, 2011. (exhibit A is the computer redacted printout) delivered by chase bank usa na on dec. 12 2011 for the purchase by sherman iii llc on dec. 13, 2011.  The transfer of assets included electronically stored business records.

Sherman llc subsequent to the above mentioned transfer, transferred sold assigned, conveyed granted and delivered to lvnv funding llc the above mentioned assets. the transfer of the asets included electronically stored business records.

Then it is signed by the director of sherman iii llc, then signed by sherman llc, then signed by lvnv director.

It is not dated, it is not notarized.

There is a bill of sale from chase to sherman iii llc. 

How do I go about disputing it?  AND is it even the chain of custody, or just something they wrote up because I asked for it in discovery?

The bill of sale has the "no guarantee" disclaimer at the bottom, how can I get that thrown out of evidence also? Thank you for your help.
You must make them bring a person from the OC in to Authenticate all documents.  I would slowly read the Chain of Custody thread a few more times.

S3jetman

  • Valued Member
  • Posts: 4
Re: Chain of Custody - the JDB's Achilles Heel in Court
« Reply #61 on: November 15, 2013 05:33:04 PM »
Okay need some guidance:

I received a court summons for CC debt from Asset Acceptance. It has judge but no date to appear in court, or a court date. I sent a letter for validation and they responded with a large packet for First Request for Admissions.

I am new to this and currently working my way through FliyingIFR  but I wont have time to complete all the knowledge I need before the timeline of response is up. 30 days from 23of oct.

I have two accounts and received a generic bill of sell, assignment, and assumption agreement. from Citibank and ASSet. LLc
both have the same, photocopied bill of sell, with a copy of my cc statement for each account.

First how do, or do, I respond to the Request for admissions? Send to ASSet. or to courts?  which I cant because there is no court information on the documents they sent me.

Both of the accounts were charged off by Citi in April of 2009 and June of 2009.

Should I write ASSet. and offer a settlement with a statement that says I am not admitting to the alleged charges but, to reduce my time and cost and their time cost. I would offer something like $.05  on the dollar. 5cents on the dollar is cheaper and easier than the hassle of court.

thanks
dontwannapay!!

WinningTheBattle2010

  • Valued Member
  • Posts: 691
Re: Chain of Custody - the JDB's Achilles Heel in Court
« Reply #62 on: November 15, 2013 05:41:56 PM »
What is the SOL in your state?

The debt may be past SOL  on collecting. 
I DONATE , do you?
I am not a lawyer, any/all information on my answers should be considered my thoughts only, Not Legal Advice.

S3jetman

  • Valued Member
  • Posts: 4
Re: Chain of Custody - the JDB's Achilles Heel in Court
« Reply #63 on: November 15, 2013 05:59:46 PM »
I believe it is 5 years. I have found different numbers ranging from 4 to 10.  but on open ended accounts I think it is 5 years

S3jetman

  • Valued Member
  • Posts: 4
Re: Chain of Custody - the JDB's Achilles Heel in Court
« Reply #64 on: November 15, 2013 06:06:38 PM »
I assume it is 10 years for West Virginia, but I have a confusing case. I do not own a house but according to all legal. car, drivers lic, and tax filled in FL. but my mailing address in some cases is WV as that is where my wife lives. I work in Florida and keep as residence. can I use the SOL on FL or do I have to use WV

Brunothe JDBKiller

  • Valued Member
  • Posts: 8784
Re: Chain of Custody - the JDB's Achilles Heel in Court
« Reply #65 on: November 15, 2013 07:30:19 PM »
I would file for a dismissal as your primary residence is Florida. You should be able to prove that no problem with all that evidence you posted. If this goes through, and they file in Florida, sue Asset under the FDCPA for suing on a time barred debt in Florida, where the SOL is 4 years.

They are under a consent decree with the federal trade commission not to sue on time barred debts.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

hoopladoopla

  • Valued Member
  • Posts: 25
Re: Chain of Custody - the JDB's Achilles Heel in Court
« Reply #66 on: November 24, 2013 06:10:59 AM »
Very interesting first thread... from 2006 yet.

My question is this... I received a Civil Complaint (I wouldn't consider it an actual Summons as it says if I don't show a default judgement could be issued, not "SHOW UP OR WARRANT ISSUED") and while I would love to stick it back to these DC's I'm unsure on a few things... primarily can I still send correspondence to the DC (NCF c/o Pressler & Pressler NJ) or does it all go through the magistrates office now?

The answer to that brings up additional question... if I can still send them a letter demanding records to show the debt validity... do I ask for them to send all information they have on the debt including copies of bank statements, previous owners, etc? Anything else I should ask for?

If there's no point in trying to send a letter to them since a civil complaint and hearing date is already set, I'm guessing I would then ask to verify the chain of custody at the hearing? At which point, unless they bring all previous creditor officers with them to the hearing, they would have to bring in all officers from previous companies (including the original bank officer?) correct?

If everything all matched up and judgement was awarded to them, I'm guessing they could ask the court to tack on the expenses involved with getting those officers there?

coltfan1972

  • Valued Member
  • Posts: 5167
Re: Chain of Custody - the JDB's Achilles Heel in Court
« Reply #67 on: November 24, 2013 01:52:21 PM »
Very interesting first thread... from 2006 yet.

My question is this... I received a Civil Complaint (I wouldn't consider it an actual Summons as it says if I don't show a default judgement could be issued, not "SHOW UP OR WARRANT ISSUED") and while I would love to stick it back to these DC's I'm unsure on a few things... primarily can I still send correspondence to the DC (NCF c/o Pressler & Pressler NJ) or does it all go through the magistrates office now?

The answer to that brings up additional question... if I can still send them a letter demanding records to show the debt validity... do I ask for them to send all information they have on the debt including copies of bank statements, previous owners, etc? Anything else I should ask for?

If there's no point in trying to send a letter to them since a civil complaint and hearing date is already set, I'm guessing I would then ask to verify the chain of custody at the hearing? At which point, unless they bring all previous creditor officers with them to the hearing, they would have to bring in all officers from previous companies (including the original bank officer?) correct?

If everything all matched up and judgement was awarded to them, I'm guessing they could ask the court to tack on the expenses involved with getting those officers there?

I'd start a new thread instead of using one from 2006.  A ton of posters don't read old threads (old thread is usually around a week on message boards). 

To very quickly answer some of your questions.  You've been sued so everything from this point forward will be done by formal discovery (unless it is small claims).   
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.
Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made "perverted one-liners" during his deposition.
Scroggin called CBOJ'S counsel "a little witch"

Scroggin used the FDCPA as a "sword of intimidation."
Scroggin loves suing debt collectors.

Scroggin is proud of his behavior and "unapologetic."

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ- 3:12-cv-128, Eastern District of Ark.

Brunothe JDBKiller

  • Valued Member
  • Posts: 8784
Re: Chain of Custody - the JDB's Achilles Heel in Court
« Reply #68 on: November 24, 2013 03:13:59 PM »
They aren't going to bring anybody, they'll send some lawyer to court with a couple of credit card statements and a bill of sale that won't have your name or account number on it. That's all they ever have. They'll probably die of shock if you actually show up to defend yourself.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

credit