c m chase Posted March 4, 2005 Report Share Posted March 4, 2005 I wanted to bring this into a new thread so we don't hijack David's post more. (here's where it started: http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26575)In regard to evidence being void unless it's been signed and dated by a competent witness who would be willing to testitfy...are there any opinions about if you had it notarized? There would be no assumed understanding (unless I don't know something about notaries in general) that she would need to testify for me if needed. Would that mean I'd have to get another witness to date/sign my evidence? (I'm asking this because once I'm done with my case, I might try to get the defaults voided by this method...I wouldn't want them to try the same trick. LOL) Link to comment Share on other sites More sharing options...
c m chase Posted March 4, 2005 Author Report Share Posted March 4, 2005 Maybe if I spoke a little soon?A person proceeding pro se WOULD be the witness to the case. He said "you are the KEY witness". He didn't say if you're represented or not. So, being pro se doesn't matter if you have another witness since you're representing yourself.Do I understand that right? Link to comment Share on other sites More sharing options...
radarbeam Posted March 5, 2005 Report Share Posted March 5, 2005 Posted: Fri Mar 04, 2005 9:04 am Post subject: Richard Cornforth...radar? --------------------------------------------------------------------------------I wanted to bring this into a new thread so we don't hijack David's post more. (here's where it started: http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26575) In regard to evidence being void unless it's been signed and dated by a competent witness who would be willing to testitfy...are there any opinions about if you had it notarized? Evidence is either competent or not. Judgments are either valid, voidable or void. A voidable judgment can be appealed (direct attack). A void judgment can be countersued (collateral attack). A judgment is void if it was obtained without competent testimony of a party with personal knowledge (Hearsay Rule). Attorneys can't testify. It has to come from an injured party or someone with personal knowledge of a material fact. Most debtor-creditor lawsuits involve affidavits from third parties. It makes no difference if they are sworn or not. Their testimony is hearsay and inadmissible. If the Junk Debt Buyer Plaintiff used only third party (JDB employees) affidavits, all of their evidence is hearsay and their default judgment is void. Trinsey v. Pagliaro is the case law that says Attorney's can't testify.There would be no assumed understanding (unless I don't know something about notaries in general) that she would need to testify for me if needed. Would that mean I'd have to get another witness to date/sign my evidence? (I'm asking this because once I'm done with my case, I might try to get the defaults voided by this method...I wouldn't want them to try the same trick. LOL) You are a competent fact witness in your case. All you have to so is submit your testimony by affidavit. If the notary has the seal, they are authorized by the state. The other party can't say they aren't authorized to authenticate your affidavit. Posted: Fri Mar 04, 2005 9:16 am Post subject: --------------------------------------------------------------------------------Maybe if I spoke a little soon? A person proceeding pro se WOULD be the witness to the case. He said "you are the KEY witness". He didn't say if you're represented or not. So, being pro se doesn't matter if you have another witness since you're representing yourself. Do I understand that right? Pro Se is a ficticious legal concept of you representing yourself, not being yourself, the person. Pro Per is you being yourself, the person, in the court.Your affidavait is your Pro Per testimony which is the competent evidence.The explanation of Pro Per and Pro Se is in one of the links in that topic on voiding judgments. Go through the links and you'll find it. Link to comment Share on other sites More sharing options...
Recommended Posts