need case law to sight

[rodeomom]

I need to locate case law to sight for what constitutes a valid affadavit and also why an affadavit is not proper DV

or can someone recomend site where I can look up case/state law, I'm in Kansas

I have read of motion to strike as heresay, sounds good

trying to learn my way around it all

[calawyer]

While you are doing your research, see whether there is any Kansas law on the "Best Evidence Rule".

Generally, that rule means that the best evidence of a writing is the writing itself (you had to go to law school to figure that out, Calawyer?) In its early days the rule really meant that a copy wasn't as good as an original. Obviously, things have now changed and copies (including electronic copies) are accepted in most courts. Many commentators question whether there is really anything left to the rule.

However, this seems like a situation where the best evidence rule might still apply. THe best evidence of the debt is the promisssory note, the signed contract, etc. Testimony is swell but it probably lacks foundation, is hearsay and is really a poor substitute for the original evidence of indebtedness. I think at the very least it is worth tossing into your list of objections to the affidavit.

Any lawyers out there disagree?

[Recovering Attorney]

I hear ya, Calawyer.

I get frustrated by all the people on this board who get sued and want a technicality to prevail. You and I know it doesn't always work. And it ignores the basic question: do you owe this debt and do you owe this much? Use the energy on discovery, save the BER until you get before a judge, and hope the judge was awake the day they explained it in law school.

[calawyer]

I hear ya too RA.

But I also get sick of companies suing on reaged debt or on accounts where they have no proof, just hoping that the consumer won't figure it out and will default. I'd use a techicality on those folks any day.

[rodeomom]

I am very sorry if I have inadvertently offended people who are much more knowlegable than I am. That was not my intention. Please accept my apologies.

I thought I needed to know the affadavit info. I realize now that I do not.

Some of these debts are mine, 4 have been paid off, but either oc is not reporting p/o and 2 are still trying to collect after they gave me pay off amount and I paid it. Lost about 50% of income for @ yr and made stupid mistake of trying to keep going with cc, no one's fault but my own.

I also have 2 meds because my husband's employer didn't pay ins prem and principal cancelled our med ins with a back date term date and didn't tell us. I had alot of testing done at that time and now we are screwed and have to pay those bills. KS Ins. comm office and fed dept of labor both say that in KS an employer may legally do this to an employee, if the employer employs 19 or fewer people and this company does. Husband knows if we went after his boss, he would be fired and now boss is dead and he will likely be out of job 1st of 2005.

Kinda sucks to be me right now. But my kids still make me smile and laugh.

Sorry

[anti-something]

rodeomom;

i dont think you offended anyone, RA and CA were just having a general convo in your thread.

i'm no lawyer, but i do suggest you find your states rules of civil procedures and study them, they will be very useful to you. i think knowing the affidavit info is still important for you to understand what is going on.

if you still have any paperwork from the settled debts now is the time to find it all and see exactly what it says, if it states that they accepted the settlement as payment in full then nobody can come after you for the balance.

for the med bills try working with the provider to get into a hardship program where you can pay down the amount owed over time, or get some of the amount written off.

good luck! and keep smiling and laughing with the kiddies, they make life brighter

[rodeomom]

thanks, I am such a bundle of fried nerves.

do you know a sight where I could go to look up a states procedues, etc.?

One med have applied for hardship and waiting to hear on it

One ins co didn't credit enough to deductible and are having to redo claim, will end up owing only about 1/2 they think

One have last stmt rec. from clinic, and pd in full check for amount on stmt. have sent this to CA over a yr ago and they are still reporting. letter sent was not in teh DV format, but next one will be.

there are 2 have been paying on for over yr and other over 6 mo, but not as much as they want, didn't care I couldn't afford there 400+ mo request.

thanks

[anti-something]

http://www.megalawserve.com/states/ks.php

remember google is your friend

the one that is reporting wrong you can DV them and then dispute with the CRAs

[calawyer]

I am very sorry if I have inadvertently offended people who are much more knowlegable than I am. That was not my intention. Please accept my apologies.

You sure didn't offend me. I am with you 110 % Don't think you offended RA either. I was just trying to find out if he agreed with me because many folks describe the best evidence rule as "dead".

Anyway, best of luck to you. Let us know if we can help.

[rodeomom]

I am so glad I did not offend yo guys. nerves are just totally on the surface, so I worry about everything.

plan to start CRA letters today and revamp DV letters, think I can do better after reading more examples. will probably post them for review by the board.

I really do appreciate all the help

Thanks