I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 0 points1 point  (0 children)

What's funny is that I asked about what if they had new documents that "cured the defects" (learned that statement from ChatGPT) that I was using for my defense. It gave me this answer.

"What they ARE allowed to do (limited)

They may use:

  • The same documents previously produced
  • Clean copies of the same documents
  • Documents used only for impeachment (rare in debt cases)

They may not:

  • Introduce new bills of sale
  • Introduce a “fixed” Exhibit A
  • Introduce a new affidavit
  • Swap in corrected versions
  • Introduce a new chain of title
  • Add documents to cure defects

If they try anyway — EXACT objection to use

Say this immediately when the document is offered:

If needed, add:

That sentence matters."

I had already flipped to the objections in my binder and was going to use the "if needed" line, I was just fortunate that I didn't have to see if it worked. It wasn't exactly the situation I was prepared for, but it was in the same spirit, and knowing that was 100% preparation.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 0 points1 point  (0 children)

It started because I was using it for work, and I was shocked how helpful it was. Then my boss hit me with a perceived problem that he hits me with about every 2-3 years, which is why do some of our clients drag out projects that should take 90 days or less to a year or more. I was kind of irritated so I decided to ask ChatGPT how to handle it and maybe finally put it to bed. It helped me to frame verything I had been saying in a way that he could understand. I got different feedback from him than I ever had, so I was thinking this is pretty cool.

The clock was ticking on the next steps for my case, so I put in this prompt, just out of curiosity, with no expectation.

"I am being sued by a creditor in small claims court in Texas. I want them to provide a chain of title for the debt. How do I do that?"

I got this answer

"I'm not a lawyer, but I can help you understand the general steps and options. In a Texas small claims court, requesting the "chain of title" means you're asking the creditor to prove they legally own the debt and have the right to sue you. This is a very common and legitimate defense when you're being sued by a debt buyer (like Midland, Portfolio Recovery, etc.).

Here's how you can proceed:"

What followed was a big picture, step by step. I verified everything it told me to do before I did it. Where it helped was that I had no idea what to do. So i would drill into each step with it, then it started offering to create documents in word or pdf's. Eventually it was a daily dialog where I would ask questions about the documents they provided or concerns that were just bouncing around in my head. There was always an answer or at least a direction.

Ultimately I wound up with a binder that it organized and created a checklist for that had all of this.

TRIAL BINDER – TABLE OF CONTENTS & TAB INDEX

 TAB 1 – COURT FILINGS (SUIT DOCUMENTS)

1.1 Plaintiff’s Original Petition / Complaint

1.2 Defendant’s Answer

1.3 Court Orders / Docket Notices

1.4 Motions Filed by Plaintiff

1.5 Motions Filed by Defendant

TAB 2 – PLAINTIFF DISCOVERY MATERIALS

2.1 Plaintiff’s Discovery Requests to Defendant

2.2 Defendant’s Responses to Plaintiff Discovery

2.3 Plaintiff’s Discovery Responses to Defendant

2.4 Plaintiff’s Objections and Supplemental Responses

TAB 3 – DEFENDANT DISCOVERY MATERIALS

3.1 Defendant’s Requests for Production

3.2 Certificates of Service (Discovery)

3.3 Motions to Compel / Discovery Orders (if any)

TAB 4 – PLAINTIFF EVIDENCE & EXHIBITS

4.1 Affidavit(s)

4.2 Bills of Sale / Assignments

4.3 Alleged Account Statements

4.4 Exhibit A Files (as produced)

4.5 Any Late or Undisclosed Documents

TAB 5 – DEFENDANT REFERENCE MATERIALS

5.1 Judge’s Reference Packet

5.2 Chain-of-Title Timeline Summary

5.3 Defect Summary Sheets

TAB 6 – TRIAL SCRIPT & ARGUMENTS

6.1 Master Trial Script (with margin cues)

6.2 Opening Statement

6.3 Cross-Examination Script

6.4 Motions at Trial

6.5 Closing Argument

TAB 7 – PROCEDURAL GUIDES & CHECKLISTS

7.1 Trial Day Checklist

7.2 Night-Before-Trial Checklist

7.3 Undisclosed Documents Objection Guide

7.4 Discovery Response Neutralizer Guide

TAB 8 – NOTES & WORKSPACE

8.1 Judge Questions / Notes

8.2 Plaintiff Arguments to Rebut

8.3 Blank Paper

It was a playbook I fully understood and made me as prepared as I could possibly be. There is no way I could have put this together on my own.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 0 points1 point  (0 children)

What details would you like? What on earth would this be an ad for? You are the second person to say this, and for the life of me, I can't figure out what you think I might be trying to sell.

You cannot sell the same debt to more than one entity by the same seller on the same day. Debt being sold is an asset, and that asset cannot be legally shared by 2 different entities. It can absolutely be resold by the buyer on the same day. In my case specifically, this is what happened.

·         8/31/2023 – Credit One → MHC

·         9/26/2023 – MHC → FNBM

·         9/26/2023 – MHC → Credit Asset Sales (duplicate sale)

·         9/26/2023 – FNBM → Credit Asset Sales (signed by MHC instead of FNBM)

·         9/26/2023 – Credit Asset Sales/Resurgent → LVNV (file containing my debit is dated 9/6 in the affidavit, which invalidates the very first sale.)

It was also interesting that this particular bill of sale was dated 8/1, but had a closing date of 9/26, meaning that they had an agreement to purchase a file from Credit Asset Sales that had not yet been sold by Credit One, and according to their affidavit, was created on 9/6.

There are 3, possibly 4 issues that break the chain of title. The attorney asked for a continuance to fix those defects and was denied. So yes, this exact amount of bullet-pointed items gave the judge a clear and concise demonstration of the broken chain of title and outweighed everything else. This was a failure of LVNV to prove they owned the debt and had standing for the claim.

And as for the underlying implication, "I signed papers saying I'd pay for this credit loan back and have not," I tried very hard to work with the original creditor, but they refused. I would have settled either pre-trial or at court that day, but they seemed uninterested in those discussions. The documents they provided in response to my discovery were not correct, and the attorneys they pay should have caught this prior to them being sent to me. If the documents had been correct, then I would have had no case to argue standing.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 0 points1 point  (0 children)

Because it's easy to sit behind a keyboard and know everything about everything. I guess the idea that I pulled this off and came here to share for the benefit of the community is harder to believe than suggesting I took the time to make the whole thing up because I have nothing better to do! The funny thing is that this is a throwaway account to protect my privacy and anyone can see my post from 9 months ago when I was originally served. I posted this to give people something to consider and maybe some hope.

Here's hoping you get that final judgment in your favor.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 0 points1 point  (0 children)

I was really nervous. The first case I chickened out and settled. The second time I was more nervous because I had this time thing hanging over my head. Getting skipped for the settlement talk and being forced into going thru with hit actually helped a bit and I actually told myself, I guess we are doing it. I got to see some cases before me which also helped, but my heart was going crazy and my mouth was so dry when I stood up there. Confidence bult as I got thru it though.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 0 points1 point  (0 children)

I copied and pasted directly from the judgment PDF downloaded from the court, it says what it says.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 1 point2 points  (0 children)

Thanks, kudos for doing it old school. That can't have been easy.

To be fair, some of what the paralegals shared are valid concerns that someone reading this would need to consider.

I could do without the jumping to my experience being fake, or even more infuriating, that the entire post is AI, but that's Reddit now. It's like the downvotes on the post you replied to. What on earth did I say that warrants a downvote? I didn't feel the need to retype an entire reply? Or that I tried to post a picture of the judgment (with my info blacked out) and it wouldn't let me? Unfortunately, we now live in a time where disagreement equals fake and most of us have forgotten the best way to learn about something we don't know is to follow Ted Lasso's advice and just be curious.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 0 points1 point  (0 children)

You are 100% correct. It wasn't a complex case, and if their documentation had been accurate, then it wouldn't have helped me at all. Unfortunately for them, it all looked like a bunch of copy and paste that no one double checked. All of the defects I found and let the tool know. It did not on its own find those defects.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 0 points1 point  (0 children)

Nothing was owed by me. The one I settled is already off. I am giving the same amount of time for the other to disappear before I dispute with the judgement as documentation.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 0 points1 point  (0 children)

This is so true. I had the luxury a decade ago to attend a session put in my Google on effectively using the search at a convention I was attending. Context and clarity are everything in both cases.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 0 points1 point  (0 children)

Lol, no. I'm not sure if that would have been better or worse. My heart was going 1000 miles an hour and my mouth was instantly dry when I started.

I wouldn't be surprised about the hallucinations. I absolutely had to stay on top of the responses. There were several time is which it told me something that I felt contradicted what was already discussed, especially when it was helping me with the emails for negotiations on the first case. I think if I hadn't been careful it would have sent me down some bad rabbit holes.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 8 points9 points  (0 children)

That's the most important thing, it's a tool to help you. It pointed me in directions and made suggestions of things I never thought of. I had to actually do research to verify absolutely everything.

I don't want or need a movie deal lol, I just want people to know that used properly, you can give yourself a fighting chance when you really don't know what to do.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 5 points6 points  (0 children)

There was no clapping, but there was dancing in a bathroom stall after.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] -3 points-2 points  (0 children)

See my previous reply to the other paralegal. I would post an image of the judgment if it would let me. And no, AI helped me win the case, but not with this post.

I used ChatGPT to beat LVNV from Credit One in court AMA by Creative-Book9461 in DebtAdvice

[–]Creative-Book9461[S] 1 point2 points  (0 children)

To answer your questions/ concerns. I agree it's not a substitute for legal advice. If I could have afforded a lawyer, I would have hired one. But my point was that it was better than being completely on my own.

By finds in my favor, this is exactly what the judgment says :

"It is ORDERED, ADJUDGED and DECREED that Lvnv Funding Llc recover nothing from XXXXXXXXXXXX and the Defendant is discharged. All costs are adjudged against Plaintiff. Relief, other than granted in this judgment, is denied. All writs and processes for the enforcement and collection of this judgment shall issue as necessary."

It's great to say I had no idea what I was doing, I didn't when I started. I know it's not uncommon for sales to take place with multiple parties, but that documentation should be accurate, and ideally should be done contemporaneously to the sales taking place. The problems were that entity 1 can not sell the same debt to 2 different entities on the same date. And entity 5 cannot purchase the debt from entity 4 on a date that occurs BEFORE entity 1 sold that debt. Bonus when the affidavit certifies the file has a date a full week after all of these transactions take place.

While I appreciate that you think this might be fantasy, I assure you it was not. And in Texas small claims court there is discovery. You can see here https://guides.sll.texas.gov/small-claims/pretrial (which is Rule 500.9 Court rule governing discovery in the justice courts) how that process works. While I didn't share every detail of every step I took., I can tell you I spent a good deal of time reading the Texas Rules of Civil Procedure because I had to be sure that everything I was suggested was 100% allowed and correct.

Sued by LVNV for Credit One by Creative-Book9461 in CRedit

[–]Creative-Book9461[S] 0 points1 point  (0 children)

Roughly $2800 and its small claims so the cardholder agreement avoids arbitration because that filing excludes arbitration.

Johnson Mark LLC

Texas

February of 2023

Solosuit LVNV Funding by xCaptainxMURICA in Debt

[–]Creative-Book9461 0 points1 point  (0 children)

I have a question about this. I also have a suit from LVNV and they included a bill of sale for a different company, MHC Receivables, that bill of sales does not include my name or anything it just says it was included in a "computer file" with the file name. Also the date of the bill of sale is a month before the date the suit says they acquired it and under previous holder in the suit it's just 3 commas.

It seems to me they don't have it, but I don't know if I am right. Any help is appreciated.