Affidavit by bank employee..3rd party hearsay?

[HamCris]

Can "third party hearsay" be used when the affidavit is from an employee of the bank that is doing the suing?

[tigra]

No, that would be considered as affidavit from ooriginal creditor. Does this person state that they have an original knowledge of the account, and has access to the records on your account. It is basically bank's witness in the case. I would however, check if all information in affidavit matches. In my friend's case Zwicker attached affidavit, which was one year old, listed a completely different amount, different dates and even a part of the account number did not match, so we were able to strike it and remove from evidence. But that entire case was a mess, their complaint states one amount, affidavit another, old statement--something else. Who is suing you and for how much? What did you file so far?

[HamCris]

Thanks.

Citibank is suing me and I appear before the Judge next week to answer the complaint, which is when I will give my answer and affirmative defenses. The amount is almost 7 grand. There is no real information on the affidavit. Just the usual that she is a custodian of records and has knowledge of the account, the amount, the last 4 digits of the account and the date the last payment was made. Also attached was one page of the last statement with just the final amount due.

[ADSOFT]

Thanks.

Citibank is suing me and I appear before the Judge next week to answer the complaint, which is when I will give my answer and affirmative defenses. The amount is almost 7 grand. There is no real information on the affidavit. Just the usual that she is a custodian of records and has knowledge of the account, the amount, the last 4 digits of the account and the date the last payment was made. Also attached was one page of the last statement with just the final amount due.

Does it show that you made a payment on that statement?

They have to produce an itemized bill from begining to end, on breach of contract cases. So IMHO based on my knowledge of contract law it's in admissionable evidence. It's just a bill. In calif. we go by the date of last payment, they have to produce that and a contract.

I would deny the amount owed and say you don't recall owing CITIBANK, THAT amount. If the judge asks if you ever had an account with CITIBANK, say that you don't recall at this point and must check your records, you have had several accounts and don't recall all.

If they still push, I WOULD SAY, I need an itemized biill of all transactions, with a full account# and a contract. Don't say you need a SIGNED contract, because at least in calif. all you have to do is use the card, BUT WITHOUT A CONTRACT, they can't prove that you had a obligation to pay the $$ back.

I would just deny owing citibank that amount and state you don't recall having THAT account with CITIBANK. If the judge pushes say you don't recall having an account with those numbers, maybe it was an error in computer system. You can even add that no contract was supplied.

... make citibank prove everything. Tell the judge you need more evidence to confirm a contractual obligation with CITIBANK, "ON THAT ACCOUNT with that amount".

That should be enough to take the case to trail where you can hammer CITIBANK for evidence an maybe settle for a less amount or arbitration, or have dismissed if they don't have everything or violated you rights by raising the rate without letting you know to push back sol.

[Massive]

Thanks.

Citibank is suing me and I appear before the Judge next week to answer the complaint, which is when I will give my answer and affirmative defenses. The amount is almost 7 grand. There is no real information on the affidavit. Just the usual that she is a custodian of records and has knowledge of the account, the amount, the last 4 digits of the account and the date the last payment was made. Also attached was one page of the last statement with just the final amount due.

That bogus affidavit is inadmissible due to lacking foundation. Citibank has not even provided proof that they have Standing to sue in the State of Virginia. You don't owe Citibank any money anyway.