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Help with continuance


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Backstory:

~ year ago JDB sued with only the infamous 'verified statemet of account' ( a letter signed by JDB employee saying you owe......

After we answered, they filed a motion for summary judgment. We filed an opposition to their MSJ and filed our own motion to dismiss. This brought about a hearing at which their attorney admits they don't have 'bill of sale' or other supporting documents. We are instructed to do discovery after this hearing. Their motion summary judgment was denied and our motion to dismiss was continued. In discovery, they still do not provide proof that they own the debt nor that the amount they claim we owe is correct.

Now we get a letter with a date for a hearing on continuace of our motion to dismiss.

My questions are:

What format do I use to inform the plaintiff's attorney about this hearing?

and do we need to put in the file at the courthouse before the hearing all the things we believe support our motion to dismiss or just take them to the hearing?

We have all papers showing:

1.5 years ago we asked in our D&V letter for proof they own the debt and that amount was correct. They sent letter saying this had been requested and would be forwarded. Of course, we didn't receive - they just went ahead and filed suit.

In their 'affidavit' they say we made last payment on a certain date, but the credit card statements they came up with don't show this payment.

In discovery - a year after filing suit (and six months after telling the judge @ the hearing that they did not have a bill of sale, etc.), they said they will be provided, but nothing like that (and nothing else period) has been sent.

How should this be played?

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I would contact the court house and ask the records/filing clerk. what are

the rules for including additional information in your court file. Make copies

and place them in the file just in case and take the originals with you to

court also always have extra set of copies of all docs you want to present to

the court. Good luck may the court/Judge see the light xangelx

When in doubt consult a small claims advisor, naca.com, or an attorney that offers free legal advice and dont forget to check your state rules.

(Disclaimer: sorry if my info is lacking I don't wont to be misintrepreted as providing legal advice)

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