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Need a little help with MTS Affidavit for a SJ

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I am in need of some advice. My husband and I live in KY have been fighting this case for an old WaMu card since August of 09. We have gone through a bunch of paperwork back and forth (hanks to MG05 for getting me this far in the process) and finally I received a court date for a Motion for Summary Judgment from the attorneys. The court date is set from the 5/25/10. We are being sued by Arrow…not WaMu!….

Attached to the MSJ were tiny photocopies of all the statements from WaMu and an Affidavit that says:

Now comes blah blah, who first being duly sworn, according to law, deposes and states as follows:

I am an Authorized Representative of the Plaintiff in the within matter.

Affiant further states that the within Affidavit is made either on his/her personal knowledge or based on the records of the Plaintiff or account information supplied to Plaintiff by Plaintiff’s assignor.

Affiant further states that Plaintiff maintains records pertaining to its business; that the Affiant has personal knowledge that the records were prepared in the ordinary course of Plaintiff’s business, at or near the time of the transaction or event, by a person with knowledge of the even or transaction, and that the Affiant is competent to testify about these records and is duly authorized to do so.

Affiant further states that based upon Plaintiff’s records as well as the account information supplied to Plaintiff by Plaintiff’s assignor, there is due from the Defendant(s) in this matter the total current balance of $XXXX.XX plus interest and court costs.

Affiant further states that there have been no payments made to Plaintiff, nor are there any credits due from which would reduce the above-mentioned balance.

Affiant further states that upon information and belief, and based on the account information supplied to Plaintiff by Plaintiff’s assignor, the defendant(s) are not minors.

Now, my thinking, which is sometimes way off base, is to go after them from both sides.

The first thing that I want to do is file a Motion to Strike Affidavit as it looks like a blanket form letter to me and is dated way back on October 13, 2009. If that is the case why is it now coming to my attention and not sent to me during Discovery? I’m just not sure how to word the MTS.

The second thing after that is to send a letter evoking arbitration….thanks to Trueq for the agreement.

Any input from anyone would be appreciated!

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