agencykiller Posted April 8, 2008 Report Share Posted April 8, 2008 I received a letter in the mail today stating that the plaintiff moves to have my motion to strike affidavit denied. They state that affidavit was not submitted as evidence just as an supporting document. What move should I make next. 1. Just wait and see what the judge decides. 2. Object to their objection?Oh I almost forgot, I hit them with some discovery and they objection to to half the questions and stated that they did not have sufficient evidence to admit or deny therefore they deny.I am still waiting on the interrogatories, one of the request within them request that they turn over all documents that they intend to introduce at the trail of this matter. I am curious to see what they produce because this alleged debt has gone from $350 reported on my credit report in Jan. 02 to $6,000 by Oct. 2007. Link to comment Share on other sites More sharing options...
montanatim Posted April 8, 2008 Report Share Posted April 8, 2008 What are they trying to support with the affidavit? If the affidavit is the foundation for a statement from them, both should be thrown out. If it is in support (foundational) of a statement from the OC then they should still both be thrown out, the affidavit because it's hearsay and the statement because it's foundation is then hearsay. Assuming that this affidavit is from the CA/JDB/Lawyer. File a memorandum in support of your motion, and attack on foundational grounds. If it's hearsay it cannot support hearsay, if it's hearsay it cannot support anything, therefore, it, and what it supports should be thrown out. Unless they can lay another foundation. Link to comment Share on other sites More sharing options...
merrybucks Posted April 8, 2008 Report Share Posted April 8, 2008 Once they've filed their objection you can file additional arguments. I would further argue that the affadavit was submitted as evidence and should be tossed as heresay. They haven't provided any foundation for it to be admitted. Provide as much case law as you can find. Link to comment Share on other sites More sharing options...
agencykiller Posted April 9, 2008 Author Report Share Posted April 9, 2008 What are they trying to support with the affidavit? If the affidavit is the foundation for a statement from them, both should be thrown out. If it is in support (foundational) of a statement from the OC then they should still both be thrown out, the affidavit because it's hearsay and the statement because it's foundation is then hearsay. Assuming that this affidavit is from the CA/JDB/Lawyer. File a memorandum in support of your motion, and attack on foundational grounds. If it's hearsay it cannot support hearsay, if it's hearsay it cannot support anything, therefore, it, and what it supports should be thrown out. Unless they can lay another foundation.How would you you word the memorandum in support of the motion? The affidavit is from NCO not the original creditor, and how do you attack on foundational grounds. Link to comment Share on other sites More sharing options...
annabananasf Posted April 9, 2008 Report Share Posted April 9, 2008 what legal arguments do they use in support of their opposition?in cali, the response to an opposition is referred to as a "reply to xxx's opposition" and it's due 5 court days (I believe) before the hearing. it must be served by overnight mail.you'll have to review whatever case law they've supplied because they could be citing cases that don't even apply, which if true, you can point out in your reply. you can also restate some of your original arguments in your reply Link to comment Share on other sites More sharing options...
montanatim Posted April 12, 2008 Report Share Posted April 12, 2008 The arguments I laid out in my last post are just about what I would say. Infused with Rules of evidence cites, any applicable statutes, and case law from your state supreme or appellate courts that applies. Do you know what they are trying to "support" with it? If their affidavit is in support of their internally produced account statement that's a hoot! Evidence is evidence weather it's supporting, foundational, key, or whatever they want to call it. Hearsay is hearsay no matter what they want to label it as above. You can request a motion hearing on this with your memorandum in support.Just title it something like; Defendants memorandum in support of motion to strike and request for hearing. You may be able to cut through their lame arguments all at once and avoid shoving paper all over on this account. Link to comment Share on other sites More sharing options...
janetwnc Posted April 12, 2008 Report Share Posted April 12, 2008 I'm going through the same thing.Who is the JDB calavary investments or midland credit.I hope you keep us updated on this .GOOD LUCK Link to comment Share on other sites More sharing options...
agencykiller Posted April 12, 2008 Author Report Share Posted April 12, 2008 I am in the process of putting together my response, I know that I will object on hearsay (second hand testimony). Link to comment Share on other sites More sharing options...
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