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plaintiff's summary judgement affidavit issues.


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the plaintiff's motion for summary judgement included copy of page 1 of a statement. it shows no purchases and no payments, just a balance. However, plaintiff's MFSJ claims i acknowledge the debt when i received statements and made payments without objection. what the heck? No evidence in this case ever showed purchases or payments.

This was typed in their "Statement Of Facts" portion of SJ

How do i respond to this MFSJ statement of facts?

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i don't know anything about date of last payment because i don't know anything about this account.

I assume you mean that either it's not your account, or it's so old, you don't remember it.

Did they ever send Interrogatories and Request for Production of Documents? Did you send the same thing to them?

Check your court rules. You need to file an Objection to the Motion for Summary Judgment, if the court allows. Also, if you never sent Interrogatories and Requests to them, the court rules should tell you if you can still do so.

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the plaintiff's motion for summary judgement included copy of page 1 of a statement. it shows no purchases and no payments, just a balance. However, plaintiff's MFSJ claims i acknowledge the debt when i received statements and made payments without objection. what the heck? No evidence in this case ever showed purchases or payments.

This was typed in their "Statement Of Facts" portion of SJ

How do i respond to this MFSJ statement of facts?

Slap them with that PM. lol

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thank you massive for your input. it is greatfully appreciated.

Now, how can i fight their phony affidavit? it is an affidavit signed by a duly authorized agent of the plaintiff and is publically notarized. He signed jan 2009 and the notary expired may 7th, 2010. so nothing in their mfsj is notarized because i have the court copies. this was the only one notarized.

here:all on seperate lines in the mfsj affidavit.

he claims he is the duly authorized agent of plaintiff.

he states that the within affidavit is made on his personal knowledge or based on records of the plaintiff.

he states that there is due the pricipal sum plus interest and court costs.

he states that there have not been any payments and that there are no credits due the defendant which would reduce above balance.

he states that to the best of his knowledge, the defendant is not a minor and is not in the military and has no mental defect.

then it says further affiant sayeth not. (what is that?)

any help here? thank you very much.

Edited by salmmmus
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If you're being sued by a JDB, they cannot have "personal knowledge" of a debt, because they didn't work for the OC. They have no access the to OC's records, nor do they have knowledge of the OC's record keeping methods. The affiant's only personal knowledge is based on the records for the company by whom he is currently employed. His affidavit is based on hearsay.

Also, JDBs can rarely prove they own a debt. They can prove they bought a portfolio full of debts, but they can't prove your alleged debt was included in that portfolio.

The affiant is not employed by the OC, therefore the affidavit is hearsay.

The JDB has not proven they own ANY alleged debt allegedly owed by you, they have not proven they own the debt alleged in the Complaint, and they have not proven you owe that alleged debt. How can anyone associated with their agency claim personal knowledge of a debt they have not proven they own?

Edited by BV80
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To the original poster - what they are saying when they state you "received statements and failed to object", they are saying that under the Fair Credit Billing Act, you didn't object to charges within the allowed 60 days.

But to do that, you would have to admit the debt was yours.

So I would state that since they've not proven the debt was yours, you can't be held liable for not objecting under the Fair Credit Billing Act.

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If you're being sued by a JDB, they cannot have "personal knowledge" of a debt, because they didn't work for the OC. They have no access the to OC's records, nor do they have knowledge of the OC's record keeping methods. The affiant's only personal knowledge is based on the records for the company by whom he is currently employed. His affidavit is based on hearsay.

Also, JDBs can rarely prove they own a debt. They can prove they bought a portfolio full of debts, but they can't prove your alleged debt was included in that portfolio.

The affiant is not employed by the OC, therefore the affidavit is hearsay.

The JDB has not proven they own ANY alleged debt allegedly owed by you, they have not proven they own the debt alleged in the Complaint, and they have not proven you owe that alleged debt. How can anyone associated with their agency claim personal knowledge of a debt they have not proven they own?

Excellent information.

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Excellent information.

Thank you. That information I posted is based on a gazillion hours of research which includes the information available on this site. You were the first member who pointed out to me out that affidavits by JDBs are worthless. Other members soon gave information that was vital. These boards are the best!

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If you're being sued by a JDB, they cannot have "personal knowledge" of a debt, because they didn't work for the OC. They have no access the to OC's records, nor do they have knowledge of the OC's record keeping methods. The affiant's only personal knowledge is based on the records for the company by whom he is currently employed. His affidavit is based on hearsay.

Also, JDBs can rarely prove they own a debt. They can prove they bought a portfolio full of debts, but they can't prove your alleged debt was included in that portfolio.

The affiant is not employed by the OC, therefore the affidavit is hearsay.

The JDB has not proven they own ANY alleged debt allegedly owed by you, they have not proven they own the debt alleged in the Complaint, and they have not proven you owe that alleged debt. How can anyone associated with their agency claim personal knowledge of a debt they have not proven they own?

but how do i fit all this in to the opp to mfsj. where would it go. thanks.

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I believe there are some samples of Objection to MSJ on this site. If your court posts cases online, you could find ones that included such a motion, and go to the courthouse and look at them.

I don't know if you would have to file a separate motion to strike the affidavit. You might find that info in your court rules. It seems that since it's a motion, it might have to be filed separately from the Objection to MSJ.

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