affidavit of debt

Quote:

No it is not. You have the right to request that the person who signed the affadavit be present in court to be questioned. Most of these affadavits are perjured anyway.

Can I Say as a Def,

I have no Business relationship with the Plaintiff, The Plaintiff has yet to provided me with Sufficient documentation of a Assignment of the Alleged Debt

So I shoot down the affadavit of debt, when I ask for the signer to be Questioned, when do I request the signer to be Questioned at trial ????

in Discovery I asked if the signer will be able to answer questions at trial, they replied with the Signer does not work for them, the signer works for BOA

You need to DEMAND that the signer of the affidavit testify at the trial. Because if they don't, none of the documents, like the statements, will be admissible evidence. It will be hearsay. If they have no admissible evidence, they lose.

I am guessing the next step will be that the plaintiff will file a motion for summary judgment. Which, if granted, means there is no trial, they would win on the papers.

You need to attack the affidavit as suspect. Research cases where JDBs present false affidavits, and cite these cases with the court. And use Google to find out everything you can about the affiant and the notary.

my court date is this coming this tuesday, I have asked them in discovery will the signer be at trial, they said the signer does not work for them, they work for BOA, So they went around my Question,

there affidavit has holes, these are the Disputes I have found

in Interrogatories the account number there saying was open and the one the affidavit says are different,

in Interrogatories there claiming account was charged off on sept 05 for the amount of 7,244.07 and affidavit says charged off 0ct of 07, and I have a statement from 10/05 with a balance of 3,621.51