crystal3000

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  1. So discovered this place a little late or else I would have nailed them for the stale affidavit and been done months ago. Here's what's happened so far. Received the complaint, it's a stale affidavit by months so I'll be sure to point that out. (Affidavit Dec 2014, Complaint written Feb 2015, Filed with the courts May 2015) Filed answer to the complaint and a request to produce. Went to court and they sent a local lawyer who had nothing. (It's visibly frustrating her.) Judge told them to produce and set a new date. They sent their own request to produce which I did not receive. Went to court and judge ordered everyone to answer requests (He's asking them for statements and what is actually owed.) Answered their request to produce, interrogatories, etc. I haven't received anything from them, neither has the courts when I checked yesterday. So I'm trying to write up my motion to dismiss and am rather lost. I found peanuts and while I can use some most of it isn't necessary for my case. So my defense is that they're trying to use a stale affidavit, which they can't do; and they have nothing to prove the account. It feels way to simple, but I might just be trying to make this more difficult then it actually is. They've proved nothing unless they decide to file everything at the court date. Then I can object, correct? Any assistance is greatly appreciated. Even just pointing me in the right direction will be a great help.