Going To Court

Fed,if they try to get that affidavit"cough toilet paper" introduced,object to evidence as it is hearsay.If they let it in for court,move court to Subpoena person that signed that garbage.

I will cajun, I am going to request that, just not sure how I will handle the wording yet in my return discovery. this is possible right? Wording it something like.

Jeff Meek, attested to first hand knowlege of debt and will be available to testify to his knowledge in court setting.
admit_____
Deny_____

if deny, please explain Mr. Meeks capacity in this case. (See exhibit 1) Copy of affadavit.

I want to add a few more in the discovery process about Mr. Meeks. Like questioning, who he is actually employed by, etc.

Do you think this is the way to approach it from the discovery end of things. I am trying to come up with wording in my discovery that makes them lay EVERYTHING out.

Follow Cajun's advice. That "affidavit" simply shows that they have your name and address, no proof of validity of the alleged debt, nor proof of contractual obligation to them and/or their client.

Cajun is absolutely correct. An affidavit is simply one person's sworn testimony, and nothing else. The courts know that there are two sides to every case, and even you can obtain an affidavit if you were inclined to. It is exactly what Cajun said; "toilet paper".

Fed,you would look into challenging the paper in a few different ways. One is motion to strike it as hearsay followed by requiring person to come to trial to testify if it is allowed in. You could write up a request for admissions and forward it to the person to declare under penalty of perjury that they have first hand knowledge of the debt.Review your rules of civil procedure and have fun.

thanks cajun I will. I could be an attorney after this whole process, it is time consuming and WAY involved.

I was thinking the same thing Fed about being a lawyer after all this! I'll be ur first client! ;)
Good Luck
Ang

I was just kidding ang, LOL, it sure does get me to get off my butt and do research on things that I generally would not care about that is for sure. My degree is in criminology and I work as a veterans employment representative. So far out of the field it is pathetic. Debt collection sure does not fit in there anywhere.

But ur doing such a great job Fed!! Guess if it weren't for SO much school, u could be a fantastic lawyer after all u've been thru in this area! ;)
Wishing u much luck to beat the HECK outta CACH! (can ya tell i do NOT like these people? ha ha)
Ang

I am just learning through experience, the good thing is that I will have the first hand experience to pass on to others when they first encounter these idiots.