Being Sued

I've seen some of those "affidavits" from various debt buyers, and yes, they are boggus. They are signed by someone in the company who claims "first hand knowledge" of all the details of the debt, etc. Then why didn't they honor your request? I often wondered why no one has threatened to go to trial with the collector and subpoena the person who signed the "affidavit". But, they are probably just hoping you won't show and get a judgement by default.

I will not let them win by default judgement that is for sure. I am going to respond to them, I have had the advise of an attorney now and then on this issue, He answers my questions when I ask him. The collection attorney sent a letter along with the so called debt validation and asked that I please contact him on how I want to proceed. What do you think about writing him a letter, telling him that I appreciate the affadavit from John Doe, however, I hope he will appear and confirm his first hand knowledge about this debt in court. What are your thoughts?

I was hoping you would respond, I PM-ed you on this issue about a week ago. thanks

Fedupinpa, the same thing happened to me a little over a month ago when I was sued for over $20,000 when a company bought all of my debts. Attached to the summons were "affidavits" for each one of the accounts stating the same thing, that they knew of the debt and that it was purchased by so-&-so company. Well, that was not enough for me so when I responded (within the 20 days) I specifically requested original, not copies of my contracts, byt statements and the paper showint that they in fact, had purchased my old debt. TThe affidavit was notarized by someone from the same company!!! Go figure. Duh....
Anyway, I am going to show up in court and since I requested all those documents, I hope the judge makes them provide all that information.
Don't make it easy on them, give them a fight for your money. I figured, I owe the money, but I want them to work for it, even if its going to cost me more, because of the attorney's fees, etc....

When do you go to court? Who are the companies that are listed in your summons? Just curious? Mine is Cach, LLc, they bought the debt from providian.

When they take you to court and have not provided validation of the debt,you have entered an area that can really benefit you. Simply do a search in your home state's Rules of civil procedure for Discovery. Using discovery motions you can order them to produce their proof before trial.These motions are signed off on by the court so they will not be able to ignore.The great thing about discovery is once you make request and they fail to produce,that evidence is tainted. Basically if they attempt to show a document that you did not see in discovery it is not admissible to the court.

Cajun,
Could you pm any examples of what steps to take in the discovery process? I have searched for examples and can't find anything that is a good guidance tool. Everything I found looked like you needed an attorney to do it. I think there has to be a way to do this yourself.
If you could, please pm any information.

Glad to see you out here in the playground, LOL. Thanks for all your help.