joanna200210 Posted May 1, 2009 Report Share Posted May 1, 2009 I am being sued by Midland through Blatt, hasenmiller, leibsker & moore law firm... i have been served and already filed an answer in which I deny any and all Debt! I wanted to know if I can file a sworn denial since on their summons and complaint they filed an affidavit from an employee from Midland saying that she personally knew my account and had knowledge and all that bologna! Someone told me that the sworn denial will make them bring the person to witness in person, am i correct? can I still file that "sworn denial"?ANY help would be reallllly appreciated! Thank you. Link to comment Share on other sites More sharing options...
creditidol Posted May 2, 2009 Report Share Posted May 2, 2009 Yes do a sworn complaint aff, and also do a Notice order to the court to close the case file. That this company is committing fraud that you have never had an acct with them at all and you have never spoken or heard of this person.Also counterclaim against them for violations of all federal laws, make sure that they have the proper bonds and lic that your state requires, this is automatic dismissal of they dont... Link to comment Share on other sites More sharing options...
creditidol Posted May 2, 2009 Report Share Posted May 2, 2009 Anyone receiving court papers with affidavits by an agent of the company are false, bogus, full of hearsay and perjury. Making claims to have knowledge on accounts by stating she has care, custody and control of all records concerning account of _______ is a false statement and bring it to the courts attentionShe's employed by the agency - they acquired the account after charge off. Her statements are hearsay and blatantly false, yet they plead as true in court filings. This is just another example of lying and using the courts to extort money from consumers. State they should face criminal prosecution for lying on court papers. Link to comment Share on other sites More sharing options...
rikkivs Posted May 3, 2009 Report Share Posted May 3, 2009 Although in an ideal world, the former posters' approach would work, as a practical matter submitting an answer to the complaint is the first order of business. A sworn denial makes sense, and if they didn't submit anything except the affidavit, then use the affirmative defense that they haven't submitted enough facts to justify their cause of action. IF you decide to take the former posters' advice and sue them based on federal law, then you will have to remove the case to federal court. Otherwise, you get them on violating your state laws in some way. Try not to use the law as a tool of vindication because your anger may get the best of you.Although I find it morally repugnant that these JDB's are suing folks, one has to consider practicality of litigation etc. You can get the case dismissed before it even goes to trial or case managment if you file the appropriate pre trial motions. You might even do a motion to dismiss consistent with your states's laws of civil procedure, after you submit your answer.Best Wishes. Link to comment Share on other sites More sharing options...
astiman Posted May 3, 2009 Report Share Posted May 3, 2009 Arent these lawyers out of Illinois? Why are u being sued by them in AZ?Just curious.Edited to add: OOOPS they are in AZ too...my bad Link to comment Share on other sites More sharing options...
admin Posted May 3, 2009 Report Share Posted May 3, 2009 I would file an motion to strike the affidavit as hearsay and also ask for Discovery. Their affadivit is totally BS. Even if they do fly her in, you can object to her testimony. Link to comment Share on other sites More sharing options...
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