Debtconsolidationcare: Internet's first get-out-of-debt community
473,117 members

Internet's first get-out-of-debt community 472,096 members


Debt Consolidation Forums Collection agencies and creditors

Motion to strike affidavit?



Sub: Motion to strike affidavit?
Sat, 10/04/2010 21:12

I have to file my answers to a civil suit from a junk debt buyer. There was an affidavit which they included as their evidence of the debt. Am I supposed to file a motion to strike the affidavit as hearsay when I file my answers to the complaint? Or do I list it in my affirmative defenses? This will be in the state of Georgia.



Top menu: 
Debt Collectors
Article Rating: 

Sub: #1 Thank you so much! :DSat, 04/10/2010 - 21:12



Thank you so much! :D


skydivr7673
skydivr7673


Posts: 2003
Credits: 57902.424682568 Send message to skydivr7673

Sub: #2 you actually didnt mess up nearly as much as you thought....hahaSat, 04/10/2010 - 17:46



you actually didnt mess up nearly as much as you thought....haha

OK, now, something else you will need to do. You will need to file a motion for discovery-request for production of documents. This is basically you requesting that the plaintiff produce the documentation to prove their claims. You will want to request, at the very least:

--the original signed contract bearing your signature
--proof that this debt collector has the right to collect on this alleged debt
--proof of the plaintiff's current standing with regards to licensing with the state of Georgia
--complete account history for the alleged debt
--full chain of custody for the above-mentioned documents


Sub: #3 So glad to see you!! You know I haven't a clue as to what I'm dSat, 04/10/2010 - 16:50



So glad to see you!! You know I haven't a clue as to what I'm doing. If I need to file a motion, could you please guide me through this part as well. And I'll need tiny steps as I've never been through anything like this. Thank you for all your help! BTW, check your email. I sent you a very "rough" draft for my affirmative defense and I know I messed them up! :rolleyes:


skydivr7673
skydivr7673


Posts: 2003
Credits: 57902.424682568 Send message to skydivr7673

Sub: #4 You can file the motion, that way your objection to the affidaviSat, 04/10/2010 - 16:14



You can file the motion, that way your objection to the affidavit wont get lost in the mix.


Add new comment

Full HTML

  • Web page addresses and e-mail addresses turn into links automatically.

Filtered HTML

  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <blockquote> <code> <ul> <ol> <li> <dl> <dt> <dd><img>
  • Lines and paragraphs break automatically.

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
CAPTCHA
This question (Case Insensitive) is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA
Enter the characters shown in the image.
Share post


DEBTCC "Share and Win iPad" Contest

Follow and like DEBTCC



& "Get Social" for your Chance to Win iPad!!

WIN A FREE iPad

Get Social for your Chance to Win iPad

Page loaded in 1.151 seconds.