up coming Trial need help

You object to the affidavit as hearsay...you have the right to personally question the signer to discern how they could possibly have personal knowledge of said account. Be sure to also demand validating documentation in Discovery..you want them to prove you owe what they say you owe and that they are the correct people to be getting this money.

If you post more details about this case, others will be able to help you out much better.

Who is the JDB by the way if I might ask??? I have a special aversion, suspicion and loathing reserved for a few. They are arrogant and will trample your rights if you let them. Don't be shy, they count on intimidation because they aren't strong enough to play with the big boys.

Realizing that no one has asked for it, still I am moved to say that with all the scandal and corruption in the home foreclosure debacle and which so many are founded on these same deceitful affidavits, it seems to me that rather than be viewed as evidence, they ought to be viewed as a red flag warranting extra attention.

Surely no judge can be unaware of all the controversy and the misuse. If I were a judge AND actually cared about what I was supposed to be doing and what my position was created for (justice, anybody remember that?) I'd be going over those affidavits line by line. A judge cannot show prejudice toward one party but there is nothing that says he is supposed to look the other way.

One thing I have seen in successful suits against collectors if they product documents is "personal knowledge of the original debt" This wording seems to be the kicker in turning it into a win for you. Don't accept a statement with only the total amount due, require they product monthly statements of the charges. This has been proven to be the way to prove they don't own the debt.