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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss telephonic request for trial. in the CREDIT AND LEGAL ISSUES forums; Originally Posted by hannah
If the witness is there to verify the JDB's affidavit and it's an employee of the JDB, orally motion to strike as hearsay.
I am not ... 
09-06-2007, 01:25 AM
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#51 | | New Member
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Originally Posted by hannah  If the witness is there to verify the JDB's affidavit and it's an employee of the JDB, orally motion to strike as hearsay.
I am not an attorney nor do I know all of FL's RCP's but you need to be up on all that as well as local rules. Good luck. | It's OC cap1. Affidavit claims affiant is OC record custodian. | 
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09-06-2007, 12:32 PM
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#52 | | HONORED GUEST
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Originally Posted by debtfree It's OC cap1. Affidavit claims affiant is OC record custodian. | Since it is the OC, then your best bet to have beaten this is to go with choice of law/SOL defense. I do not know if you can bring this up now or not but Cap1 can be beaten on that angle if past VA's 3 year SOL.
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! | |
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09-06-2007, 02:53 PM
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#53 | | New Member
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| Cap 1 VA Law
Quote:
Originally Posted by hannah Since it is the OC, then your best bet to have beaten this is to go with choice of law/SOL defense. I do not know if you can bring this up now or not but Cap1 can be beaten on that angle if past VA's 3 year SOL. | I printed out some VA law on open account.l]
ttp://www.lsnv.org/Open_Account_Statute_Limitations.doc
I guess i should use the fernandez case and the Brodsky case. | |
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09-06-2007, 02:55 PM
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#54 | | HONORED GUEST
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Originally Posted by debtfree I printed out some VA law on open account.l]
ttp://www.lsnv.org/Open_Account_Statute_Limitations.doc
I guess i should use the fernandez case and the Brodsky case. | Enigma, can she still do this under FL's RCP's?
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! | |
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09-06-2007, 03:19 PM
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#55 | | Administrator
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Originally Posted by hannah Enigma, can she still do this under FL's RCP's? | You cannot do both. I would use Brodsky, but she needs to write it in the form of a Motion using VA statutes.
She needs to read her local rules. My local rules all me to raise a MSD at trial.
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The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. | |
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09-06-2007, 04:23 PM
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#56 | | New Member
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Originally Posted by Enigma You cannot do both. I would use Brodsky, but she needs to write it in the form of a Motion using VA statutes.
She needs to read her local rules. My local rules all me to raise a MSD at trial. | Summary Disposition rule 7.135,
At pretrial conferance or at any subsequent hearing,if there is no triable issue the court shall summarily enter an appropriate order or judgment. | |
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09-06-2007, 05:06 PM
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| file it, I think I gave you something if not let me know and I will get it to you | |
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09-08-2007, 01:54 AM
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#58 | | Administrator
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| What happened in court?
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It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. | |
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09-08-2007, 12:16 PM
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| I am assuming she lost, but I haven't heard from her. | |
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