What is the name of your state? Florida
just got summoned to go to court on 02/21/2008.
Well I am being sued for an old JcPenny credit card. The charge off date was in 12/2006. It is a local lawyer that will be at court. The plaintiff however is GEMB/Dilliards. So I would imagine that I have a leg to stand on there since I have never had a Dillards account. Whoot!
Once in court I should:
1. They have to prove that this is my debt: They have to provide the original copy of the application for credit, copy of promissory note and any credit agreement....etc.
If they cannot come up with this will the case be thrown out or will it be rescheduled?? Are there any sample pleadings that have had them thrown out so that they cannot continue to sue?
2. I see if the plaintiff really exists and has the right to conduct business in my state and use its courts.
3. Provide bill of sale, bulk transfer affidavit and cancelled check evidencing payment.
4. Provide complete chain of ownership of the debt. Copies of bulk state affidavits pertaining to each transfer of the alleged debt.
Now my question is this....I don't think that they will have all of this proof when they come to court so I imagine there will be another court date set or will it be dismissed/thrown out of court? Also is there any laws that I can reference when I request that they supply these documents? Or will the judge already know the laws and not require me to show him the statute? Or when the attorney objects do I just say "it is a fundamental part of the plaintiff's burden of proof" or it is a key factor in defendant's defense or counterclaim? Do I need to state some kind of statute??
If they cannot come up with the original copy of the application for credit can the case be thrown out? And if so what would I use to back up my claim? Or would I just ask the judge to throw out the case. Would I have to state any kind of statute???
Sorry for all of the questions but you guys are sooo dang knowledgeable I know that you can help me to have them just give up on it. I don't think that the creditor will keep pursuing this for a 400 dollar debt that is now 1700 because of lawyers fees and interest.
Thank you very much for any replies. Any feedback will be very helpful.