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Assignee/assignor affirmative defense clarification.

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In the affidavit from JDB employee submitted with my summons, it states:

That in the ordinary course of business, JDB LLC purchases revolving credit accounts (.......) JDB is the current owner of, and/or successor to, the obligation sued upon. JDB LLC* predecessor in interest sold and assigned all right, title, and interest in the defendants OC account number # to JDB LLC*.

I took out the standard wording to leave what I am question:

*refers to the fact that "JDB LLC predecessor" is the same JDB LLC who they sold all rights/title/interest to.

Can I use the affirmative defense "Plaintiff failed to allege a valid assignment/failed to show Assignor knows of this action" etc?

I know their affidavit is hearsay to begin with and have drawn up the motion to strike it. I just don't want to cite the assignee/assignor defenses if I won't be able to back up that defense (ie, they covered their asses in the --hearsay-- affidavit).

THANKS! you all have been a HUGE help to this little pro se.


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Their affidavit may NOT be hearsay- it may be considered to be an exception to the hearsay rule about business records. The information contained in the affidavit may be objectable, but I think you will need some admissable facts. I'm no expert, but it sounds like your best approach may be to attack their chain of assignment.

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