Brillianthoney Posted February 22, 2005 Report Share Posted February 22, 2005 The CA attorney suing me attached a bill of sale signed by the O.C. It isn't notorized. A generic terms of service agreement with interest rates and assignment rights. A computer generated printout of alleged balance.From what I have been reading, none of these are affidavits are they because they do not have a notarized statement? I would like to strike the bill of sale on the grounds that it doesn't have any reference to my name or state original knowledge of the debt; the terms of service because there is no signed contract with it and it doesn't reference my name in any way; generic print-out because it doesn't state info given by someone with orginal knowledge of the alleged debt and entire maintenance of the debt.Can I do this? If so, what is the correct wording for motion to strike each of these documents. So far, I haven't turned up anything when searching by florida rules of evidence and civil procedure. Link to comment Share on other sites More sharing options...
calawyer Posted February 25, 2005 Report Share Posted February 25, 2005 Is it attached to the complaint? Does the complaint say it is a true copy of _______? Link to comment Share on other sites More sharing options...
Brillianthoney Posted February 27, 2005 Author Report Share Posted February 27, 2005 No, at the bottom of the Statement of Account is:Dated this 06 th day of April, 2004Delaware Corporation doing business at P.O. Box 2036Warren, MI 48090Something interesting:Date of Last Payment is listed as 07/30/2001Yet the OC didn't charge off until 03//11/ 2002; about 7 1/2 months later. Account was opened in 96, doesn't this violate the charge-off rules? Link to comment Share on other sites More sharing options...
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