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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.




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

Sub: #1 posted on Sat, 04/10/2010 - 16:14

skydivr7673 skydivr7673
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(Posts: 2037 | Credits: 579.65)

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:

Sub: #2 posted on Sat, 04/10/2010 - 16:50

Angeldove Angeldove

(Posts: 225 | Credits: 34.96)

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 posted on Sat, 04/10/2010 - 17:46

skydivr7673 skydivr7673
Moderators Cum Industry Expert
(Posts: 2037 | Credits: 579.65)

Thank you so much! :D

Sub: #4 posted on Sat, 04/10/2010 - 21:12

Angeldove Angeldove

(Posts: 225 | Credits: 34.96)

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