Margo2000 Posted September 16, 2010 Report Share Posted September 16, 2010 Is an affidavit of Sale different from an Affidavit of Debt?I'm being sued by CACH, LLC a bottom feeder. I go to trial on the 28th of September in California courts. Can I file a motion to strike this Affidavit of Sale? If so how long do I have to file a motion to strike?So far they have no signed contract(just a generic terms of agreement), one bill from original creditor and this Affidavit of Sale as "evidence" against me. I also have a counter claim against them. They keep saying they don't need a signature to win a judgment against me. I am feeling somewhat confused and would appreciate any insight and knowledgeable legal suggestions.Thank you Link to comment Share on other sites More sharing options...
Massive Posted September 16, 2010 Report Share Posted September 16, 2010 What does the Affidavit of Sale say?? If there is no authenticated Bill of Sale specifically between the Original Creditor and the junk debt buyer who has sued you identifying specifically you and your alleged account and the accurate balance and the amount the junk debt buyer paid as consideration, then any Affidavit of Sale would be objected to as insufficient due to no foundation of fact. They can't just say they are the owner of your alleged account, they must prove it and they have a hard time doing that. Link to comment Share on other sites More sharing options...
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