Is this proof enough?
Date: Fri, 06/11/2010 - 12:34
Court date is immediate. Any help would be appreciated.
Quote:Originally Posted by AnonymousNeed all the input I can get
Quote:
Originally Posted by Anonymous Need all the input I can get on this. This is in regard to a JDB who has brought suit. For their proof, they have supplied an affidavit signed by an employee of the JDB. During discovery they showed a print out from the global debt registry to prove their chain of custody. They also show facsimiles of several statements. Is that enough proof and should I try to settle before going to court or is that not valid proof? Court date is immediate. Any help would be appreciated. |
no you object to the affidavit as hearsay.the affidavit must be from the original creditor,and a credible source.an employee of the JDB doesn't count,and you should motion to strike the affidavit.
Do I just say that I object to the affidavit as hearsay when I a
Do I just say that I object to the affidavit as hearsay when I am in court or do I need to file a paper? Also, what about their other proof?
Quote:Originally Posted by AnonymousDo I just say that I object
Quote:
Originally Posted by Anonymous Do I just say that I object to the affidavit as hearsay when I am in court or do I need to file a paper? Also, what about their other proof? |
well let's focus on this first as unless you object to the affidavit.that could be enough to get them a judegment.go to your court clerk and ask them how you would go about that,but you should file the objection before the court date.now let's answer about the statements.you can,and should demand to see something with your signature on it.any dumpster diver could come up with statements.at least something from the OC.so yes the statements can be dismissed as well as long as they have nothing with your signature.
It's probably too late. The court date is Monday. There is not
It's probably too late. The court date is Monday. There is nothing with a signature, just the facsimiles of several statements and the global debt registry that they came up with during discovery.
Is there anything at this late date that I can do in court on Monday?
Thank you for your time.
No, it's not Monday. It's later in the week though. Once you'r
No, it's not Monday. It's later in the week though. Once you're already this close to the court date, can you file a motion to strike the affidavit or take it to court with you on the date or is it just too late?
have you been through the discovery phase yet?or is this it?
have you been through the discovery phase yet?or is this it?
Went to pretrial and denied the debt and answered interrogatorie
Went to pretrial and denied the debt and answered interrogatories and raised my defenses. The judge said I would get papers from them in a few weeks in answer and when I did, it was the things I mentioned above. I don't think that is correct validation but what can I say in court or do about it? Do they just get to send what they want and everybody accept it? I don't know what to expect on the court date. I don't know if the judge will just look at what they sent and say that is proof or can I do anything else? Thank you for your help.