amomaine Posted March 31, 2009 Report Share Posted March 31, 2009 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.a Link to comment Share on other sites More sharing options...
henry1018 Posted March 31, 2009 Report Share Posted March 31, 2009 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. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 31, 2009 Report Share Posted March 31, 2009 rESERVE YOUR OBJECTIONS BY THE AFFIRMATIVE DEFENSE: PLAINTIFF LACKS LEGAL STANDING TO BRING AND MAINTAIN THIS ACTION Link to comment Share on other sites More sharing options...
henry1018 Posted March 31, 2009 Report Share Posted March 31, 2009 Yeah. What he said. Link to comment Share on other sites More sharing options...
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