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Albert Waltham Case

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Introduction Depositions help attorneys gather information, while also preserving a witness’s testimony. By conducting depositions, an attorney is less likely to be surprised at trial. As an attorney for Great Northern Bank, I will be deposing Albert Waltham. Albert Waltham is a key witness in this case, and his testimony may help us advance our argument. When deposing Albert Waltham, I will target three areas of inquiry: his meetings with Jake Garner, documents he may have received regarding David Waltham’s loan, and whether he had any interest in David Waltham’s car loan. Meetings with Jake Garner In order to build a rapport with Albert Waltham, I will begin my deposition in a casual manner. I will begin by asking Albert Waltham about himself, …show more content…

I plan on using a funneling approach, and begin with broad questions. For example, I will most likely begin with a question like, “can you please tell me about your first meeting with Jake Garner?” I will follow-up with specific questions, like who attended the meeting. I hope to figure out if Albert brought documentation of his representation and if he was aware of bank policies regarding representation. RSA 358C(3)V regulates creditor communication with third-party representatives, which the plaintiffs are claiming Albert was. If Albert did not bring documentation or if the bank had a well-known policy regarding third-party representation, then we would have a stronger argument under RSA 358C(3)V as to why the bank did not have to communicate with …show more content…

You do not want to leave any room for surprises if the case goes to trial. Therefore, I would question Albert Waltham about any documentation he has regarding David’s loan with Great Northern Bank. Although we are not aware that Albert filled out any change-of-address forms with the bank for David, we do not know whether he submitted any such forms with the post office. If Albert did change David’s address with David’s mail carrier, then it is likely that he was receiving the notifications being sent by the bank. If this is the case, then David was receiving adequate notice under RSA 382A:9-611(C), and the plaintiffs would not have a valid claim. Interest in David Waltham’s Loan During my line of questioning with Albert Waltham, I will ask him whether he had any interest in David Waltham’s car or loan. I will ask Albert whether he was a co-signor for David, or if he helped with any of David’s down payment. In the likely event that Albert had no financial interest in David’s loan with Great Northern bank, then he would not be considered a secondary obligor under RSA 382A:9-611(C). If this is the case, then the bank would be under no obligation to notify Albert regarding David’s default. Therefore, the plaintiffs would not have a valid claim under RSA

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