Affidavit and subpoenaing a witness?
Date: Wed, 05/12/2010 - 08:56
When I received my notice to go to court, there was a part about if I wanted to have a witness summoned to contact the clerk of the court. I called and was told that I would need to come down to fill out the paperwork and would need the name and address of the person. The problem is, although I can "see" the name of the person who signed the affidavit - I don't have their address. They are even in another state. The attorneys of the JDB are the only ones that I have an address for. How can I get the signer of the affidavit's address to be able to summon them?
I tried to ask the clerk of the court and we went round and round. They just kept telling me I would have to have the person's address that I want summoned.
Golden, I had tried to file a motion for discovery - but, they d
Golden, I had tried to file a motion for discovery - but, they don't take those in Georgia's Magistrate Court.
Maybe my affirmative defense will be enough to help the Judge to understand I don't know these people and need more evidence than their affidavit showing what they say is my debt to them.
And then again maybe the Motion to Strike the affidavit will be enough and maybe I don't need to subpoena their witness in another state?
It just doesn't seem fair though, that I can't file a Motion for Discovery to see some evidence beyond this affidavit. Maybe when I go to court, if they don't strike the affidavit - maybe then I can ask for the witness to be brought forward? I just don't know . . . seems like it might be too late then, but with no address . . . what do they expect? If I sent it to the JDB, they could always say that the "employee" didn't receive the summons or keep dodging . . . I just don't have a clue!
Yeah I agree with you 100%. Take it with you to the court and i
Yeah I agree with you 100%. Take it with you to the court and if it doesn't get stricken, then object to it as hearsay....I am sure the judge will grant a subpeona and force the laywer to cough up this person. Just be upfront and honest with the judge, that you find this whole thing extremely fishy and that if you have a legal obligation to pay these folks they should have something concrete to prove it.