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should I ask for a jury trial & affidavit attack


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ok..I filed my answer today. See my previous post about my case. here is the link-

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=39076&sid=ab693c5171b3ab7345015b5d6eed44d0

The clerk told me they didnt even have record of me being served. I told her that is what this law firm did last time then got a default judgement. Anyways, I also filed my countercliams. the clerk asked me if I wanted a jury trial. I said no but am not so sure I shouldn't have. What do you guys think? Should I ask for a jury and tell them how things work with a JDB? It would cost me $50 to do.

2nd-Sherman filed an affidavit as support for their case. here is what it says:

"I hereby certify that I am an Attorney in Fact of Sherman Acquisiton Limited PArtnership, a paartnership organized and existing under the State of Delaware and doing business at 15 S Main St. Greenville, SC 29601. I further state that the claim and cause of action of the aforesaid company against "IWANT2GET", SS# XXX-XX-XX. Account # XXXXX, is in the sum of $1,557.19. Assignee of : Metris- Metris/Direct Merchants Bank, original creditor.I further certify that I am duly qualified, competent to testify tot eh matters stated herein, and authorized to make this affidavit. I further state that I have access to the records of this account, and that the amount of the claim is just and true to the best of my personal knowledge, and that all just and lawful offsets, payments and credits have been allowed."

How do I attack this? I know I need to make a motion to dismiss as hearsay. I need help. Txs everyone.

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There's no certain time to "get to Discovery". Start it yourself. Send them a request for production of documents and interrogatories. By local statute, they have 30 days to give you that stuff. If they keep refusing to give you the stuff, they can't submit it as evidence against you.

Start looking up how to do Discovery. Take the offensive.

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CM..I have the discovery I used last time which they didnt answer. It was a combination of different posts including yours (txs)...I still have some more questions if you dont mind?

1. Do I just file my discovery requests, request to produce, and admissions with the court and send them a copy?

2. Do I file admissions now or wait until discovery?

3. Do I also file a separate "motion to strike" on the affidavit?

3a: I have one done if you wouldnt mind critiquing?

4. Lastly- should I go with the jury or judge trial?

Txs so much for everything....

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CM..I have the discovery I used last time which they didnt answer. It was a combination of different posts including yours (txs)...I still have some more questions if you dont mind?

They HAVE TO answer discovery (or dismiss like last time). Per Oklahoma rules, you have to give them a few opportunities outside of their 30 days. You also have to *call* them and ask them to answer discovery or you will file a motion to compel. If you call them, they won't talk to you, probably. That's not your problem either...leave them a message, give them xx amount of days to answer, and then file a motion to compel.

1. Do I just file my discovery requests, request to produce, and admissions with the court and send them a copy?

You seriously, seriously need to start reading the court rules of proceedure. This far in, you should at least know that. www.oscn.net - go to leagal research. No, OK doesn't allow you to file discovery. You can file a cert of service if you want though...just to make ya feel better.

2. Do I file admissions now or wait until discovery?

? Admissions are part of discovery.

3. Do I also file a separate "motion to strike" on the affidavit?

Did they even file the affidavit?

3a: I have one done if you wouldnt mind critiquing?

I'd post it here for everyone to see. I've never personally had to do one.

4. Lastly- should I go with the jury or judge trial?

There are differing opinions on this. I personally would ask for a jury since it's in state court...and if you have good violations. It depends on the judge too. You'd have to weigh the pros and cons based on what you have and who your judge is.

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I havebeen reading them but am having a difficult time comprehending them. Like my reading of them says discovery is only allowed if bth parties stipulate. Well, if there isnt discovery then how would you prepare for a trial? I am going to re-read them today and post my motion. I am also going to file them with the court anyways and if they dont file an objection well then it is agreed or I will slip in language stating as agreed or must raise objections in writing. Txs CM

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