How my trial went

Robert Thayer asked 6 days ago

My trial went horribly wrong. I had a 75 year-old lady judge who appeared very friendly with all the cases ahead of mine. She was not a judge for our county but was sitting in for one of our elected Judges. When she got to my case she asked the attorney for LVNV to hand her a copy of the complaint because she had trouble using the computer system and finding what she needed. From that point on she tried the case for the Plaintiff. I asked as she looked through the documents LVMV filed with the law suit and I finally asked, is there a particular time I can object to any of this? So she let me oblect to the affadavit,I said Objection, hearsay. The affiant is not from the original creditor and lacks personal knowledge of the account or its creation. Under Bartlett v. Portfolio Recovery Assoc. and Rule 3-306(d), affidavits must be based on properly authenticated business records. As I said the case Bartlett...the attorney stood up and said that the defendant already argued this in his motion to dismiss and it was denied. Apparently I spoke of a case that if she considered would render all of the documents inadmissible because he made certain that she did not hear me. She then tried to find my Motion to dismiss and could not locate it in the computer so the Clerk had to print her a copy. As she tried to read it to reconsider it the lawyer ket talking to her so she was distracted. She finally told him to be quiet so she could read my motion. I thought that was good for me that she snapped at him. After she read it she said I was not allowed to file a Motion to Dismiss in Small Claims Court in Maryland. I later learned that I absolutely have a right to do so. She was wrong on that basic Maryland Rule. SHe did not let the attorney try the case, but instead asked me questions. She asked if this credit card was my account, I said I can only see the last four numbers so I could only speculate one way or the other. She asked the attorney do you have the full account number to show to the Defendant, he said no that have to be redacted since it personel information. She then said to me no, what happened was you had a credit card and you stopped paying for it and now these people own the debt and are here to collect it. I stated to her that Resurgent sent me an invoice and I asked for validation and a complete accounting of how the arrive at this amount and they only sent me a copy of a statement and considered it validation. I sent a second letter and did not recive one back. I asked the Judge if I could approach and the Bailiff screamed at me angrilly, "No, you cannot approach the bench." I said wow, this is what my taxes pay for, to be treated like shit. So I handed him the letters with the green card recipts to hand to the judge, She asked if I had a copy for the attorney and I said I gave a copy before trial when he begged me to settle before trial. She said that is good, lawyers don't do that half of the time. She then said these people do thousands of these cases they cannot provide you with everything. I restated that their witness works for LVNV, they have no personal knowledge of how these documents originated, when they originated, or how they were stored or transfered. She said like I said they do thousands of cases and they are not going to drag someone in here from the original creditor to testify, when all I really needed was an affadavit from the original creditor, not a live witness. I was not allowed to talk any further and she ruled in the favor of the Plaintif. I am now putting together a request for a new trial but in Maryland, the original Judge has to grant that so I doubt that will happen. After she denies the new trial I will appeal to Circuit Court where maybe a judge will follow the rules of evidence, consider case law from Maryland that requires the affadavit be from the original creditor and the Bills of Sale to be certified as accurate, and any documents that prove that they own the debt, and follow proper judicial procedure. SInce Maryland has a list of items that a debt buyer has to provide to sue under the business exception rule, and they provided it, that is why she ruled in favor of the Plaintif I was really sad and angry at the same time. The attorney and she talked like they were old friends as I gathered my belongings to leave the court room.

1 Answers
Brigette Keith answered 6 days ago

Good for you for going into court and defending yourself. We are not meant to win. Look up the 12 presumptions of court. Thank you for sharing your experience.

Robert Thayer replied 5 days ago

Thanks. I have won before, this Judge just took over and had it out for the pro se

Brigette Keith replied 4 days ago

Me too… My win was with an honorable judge. Looking back, I can see that now was a BIG part of it. I wanted to send her a thank you card!! lol
That was with Discover. I had a second case with a different judge and Citibank. Did the exact same thing and I have been jammed up with them for way to long. Definitely a learning experience.

Brian Parker Staff replied 4 days ago

Bridgette, I get the feeling from a win. After 30 years, you see fewer and fewer decent judges and most are now driven by “feelings” or politics or reelection rather than the law and rules. Client is being sued for a debt and therefore they must owe something, right? But when you meet a good judge, mmm, that is a great feeling for the system we have and that the judge did their job. That is all I ask: work as hard as I do and show my side a chance and be neutral. You can see who the bad ones are and it takes an appeal to shape them up. I have to be mature (it is still tough) when I go back to the same court after winning an appeal. Age is not making that easier in the face of the some of the judges these days. I share both yours and Robert’s angst and review of the legal landscape. Don’t give up!

Brigette Keith replied 4 days ago

Thanks, Brian. I appreciate the encouragement! It is in those moments when I want to use an attorney, that’s for sure. Learning the court rules and knowing the moves to make is… exhausting and exciting. This is a wonderful service that you are providing to the community, thank you.

Brian Parker Staff replied 4 days ago

Thank you for saying that. Next month you will see some changes in the site to add further to that experience. Can’t wait to show you guys.

Brigette Keith replied 4 days ago

sweet 🙂

Robert Thayer replied 3 days ago

Thanks, Brian. I am filing a Motion for a new trial. I have a witness who saw how the trial went, and should there be a hearing to consider a new trial, they should be called to testify. In Maryland, the Debt Collector enters the complaint under the business rules exception that requires at least an affidavit to be provided by the original creditor and certified copies of all statements, a clean chain of title with all supporting documents, and a complete breakdown as to how much is claimed. Once you defend it somehow turns into a Merit case rather than the Court scrutinizing whether or not their claim passed muster for what is required for a debt buyer to file a claim. This opens the door to judges having discretion when they might never have tried a case where a Defendant of such a claim, and therefore do not know the law enough to see that the claim is based on bullshit. As in my trial, she said they provided the documents required for the claim and disregarded the reliability of those documents. How do we get this case dismissed before the court, since the affidavits provided are never from an original creditor? I was thinking before answering the summons, either file a motion for summary judgment or object to the claim filed, as it does not meet the burden required to move forward under the MD Business exception Rule. If I do not get granted a new trial where I can have 10 minutes to present my case, I will appeal to Circuit Court, where I will have a new trial that does not rely on anything from the lower court’s decision. This is why I need to know how to object to the case before trial based on their failure to meet the standards of the Business Exception Rule.

Brian Parker Staff replied 3 days ago

I am working on a video on a Motion for Reconsideration right now as I write this. About to film it. This is where JPM has done all the wrong things filing the Motion for Reconsideration. Maybe a good thing for you to see how not to do a Motion for Reconsideration and as I point out in the video, this is an attorney from a Major Creditor screwing up and I can see they depended on ChatGPT who screwed the rules up. How do I know? I asked ChatGPT and it repeated the same wrong application of the rules as Mandarich Law and JPM did in their briefs, not once but twice. So, a fun video to make and hopefully watch on what not to do on a Motion for Reconsideration. Thank you.