CACH, LLC Junk Debt Buyer Summons received.
Date: Tue, 05/18/2010 - 21:46
I received a summons From Cach LLC who bought my debt and I was looking over the summons and there is no contract attached just a certificate of assignment and affidavit written by the custodian of records for Cach, LLC. I wrote my answer letter and affirmative defenses along with a notice of appearance. I denied everything, but I'm just not convinced that will be enough from what I been reading on forums. I'd like to file a motion to strike on the affidative as it's not from the original creditor. I'm not sure what the assignment letter even means so I don't know if I should file a motion to strike that as well or should I go all out and file a motion to dismiss? I'm so lost it's really affecting me at home an work. I don't know when I can file a motion or if I even can. I don't know if a certificate of service has to be included and if it does does it go at the bottom of each page of the summons or does it have to be separate and after each page? I called the clerks office and they said I didn't need one on my answer letter or notice of appearance as the summons was just thrown in my mailbox by the sheriff so I didn't include one, but I mailed a copy of the documents I filed to the Cach LLC's lawyer certified mail. I read on another forum the affidavt alone could win a judgment against me... I live in Lake county Indiana and I would really appreciate your help because I can't afford my check being garnished as my fiancee and I are struggling after she lost her job and with this news we even had to postpone our wedding.
Thank You, Rick
P.S please guide me through this nightmare...
Quote:Originally Posted by AnonymousHi, I received a summons F
Quote:
Originally Posted by Anonymous Hi, I received a summons From Cach LLC who bought my debt and I was looking over the summons and there is no contract attached just a certificate of assignment and affidavit written by the custodian of records for Cach, LLC. I wrote my answer letter and affirmative defenses along with a notice of appearance. I denied everything, but I'm just not convinced that will be enough from what I been reading on forums. I'd like to file a motion to strike on the affidative as it's not from the original creditor. I'm not sure what the assignment letter even means so I don't know if I should file a motion to strike that as well or should I go all out and file a motion to dismiss? I'm so lost it's really affecting me at home an work. I don't know when I can file a motion or if I even can. I don't know if a certificate of service has to be included and if it does does it go at the bottom of each page of the summons or does it have to be separate and after each page? I called the clerks office and they said I didn't need one on my answer letter or notice of appearance as the summons was just thrown in my mailbox by the sheriff so I didn't include one, but I mailed a copy of the documents I filed to the Cach LLC's lawyer certified mail. I read on another forum the affidavt alone could win a judgment against me... I live in Lake county Indiana and I would really appreciate your help because I can't afford my check being garnished as my fiancee and I are struggling after she lost her job and with this news we even had to postpone our wedding. Thank You, Rick P.S please guide me through this nightmare... |
file a motion to strike the affidavit as hearsay as the affidavit is not from the creditor that they purchased the debt from.that is key as the affidavit should be from the creditor they bought the debt from.not an employee of the buyer.dispute the affidavit.i see yiou did that.good,just know that they must have something from the creditor to validate their case.
Can you explain alittle on how I do this??? Thank You
Can you explain alittle on how I do this??? Thank You
Here's a very good one from Skydivr! ;) (put name of court her
Here's a very good one from Skydivr! ;)
(put name of court here)
Case No. (put case # here)
(plaintiff's name)
Plaintiff
vs.
(your name)
Defendant
MOTION TO STRIKE AFFIDAVIT
Comes now the defendant, pro se, and makes request that the court strike the affidavit entered by plaintiff as "exhibit A" from these proceedings.
1. Plaintiff has submitted into evidence an AFFIDAVIT IN SUPPORT OF PLAINTIFF'S CLAIM (hereinafter referred to as "Affidavit").
2. Plaintiff has provided no evidence to support their claim that they are the owner of said debt. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.
3. Said Affidavit pertains to acts and events that allegedly occurred between Defendant and the original creditor, which plaintiff has identified in their complaint as Wells Fargo Financial. Plaintiff is clearly a third party and not the original creditor by their own admission.
4. At no time was the creator of the Affidavit, or any of Plaintiff's employees, present to witness any alleged acts or creation of the records of any alleged transactions between Defendant and the original creditor.
5. As such, said Affidavit falls under the hearsay rule and is inadmissible as evidence.
6. Defendant further states that the Affidavit is not subject to the Hearsay Business Records Exemption because it was not made at or near the time of the alleged acts or events.
7. The information contained in the Affidavit is merely an accumulation of hearsay.
8. Upon information and belief, the creator of the document is not currently and has never been employed with the original creditor, and therefore cannot possibly have personal knowledge of how said original creditor's records were prepared and maintained, and is unqualified to testify as to the truth of the information contained in the Affidavit.
WHEREFORE, the Defendant prays this Honorable Court that Plaintiff???s Affidavit be stricken from evidence in the above action.
Respectfully submitted this day, (date here)
(your name here)
Defendant
I CERTIFY that I mailed a copy of this MOTION to: (attorney's name here)
(attorney's address here)
Plaintiff's attorney at the above address
(your name), Defendant
Date:
I spoke with an attorney and he stated even if I file a motion t
I spoke with an attorney and he stated even if I file a motion to strike the affidavit I will probably still lose as they only have to prove 51% of their case. I asked how I should file a motion in Lake country indiana and he stated along with the motion I need a certificate of service and a Chronological Case Summary.. So now I'm lost.... Please help.... Oh one more thing by looking at the sample motion above does it require my signature as I don't see it listed on there?