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When to subpoena person(s) from debt affidavit


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My wife has a trial date w/Midland in about 5 weeks. What is allowable amount of time

to send subpoenas? and when should Motion To Strike debt affidavit be filed?

This is in Tennessee. At the pretrial meeting with atty. he said, well your Sworn Denial

is invalid because you did not file one with the atty's. My wife shows certified mail receipt

of delivery he gets bent out of shape and says we will just get a trial date then and so here we are. Thank you for any answers that will help us!!:roll:

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Guest usctrojanalum

I would just go to trial. Midland can be beaten! check your courts calendar see if any other civil trials are on before yours. go to one of them and watch what happens. watch the defendants, see what the plaintiffs attorney does.

At trial I would state that the affidavit of midland cannot be admissible as evidence because it is hearsay! how can the employee of midland credit verify and have knowledge of how the OC ran their business? they can't.

You would also state that they do not have an affidavit from the OC or reliable and verifiable bill of sale to establish that an assignment of your account took place.

Go to trial. If you hold you ground and argue your points I think you have a good chance to beat them.

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Thank you for answering! Let me ask this, does the plaintiff not have an obligation to have affiant appear

in court as witness since sworn denial was filed? Without a live witness how can plaintiff atty win if they can't testify about validity of said debt?

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Without a live witness how can plaintiff atty win if they can't testify about validity of said debt?

Since this is /\/\idland funding I'm going to assume this lawsuit is over an alleged credit card debt. If they have or can get copies of account statements they'll attempt to win simply by showing that you used or authorized use of the alleged credit card and/or that copies of statements were sent and you failed to timely object to them. It's just one technique out of many.

They'll probably also file a motion for summary judgment to try to have the court rule in their favor before it ever gets to trial in an effort to win without going to trial. Not sure how effective any of that would be since I don't know any specifics regarding your case.

They'll tend to favor tactics that allow them to win by default or by your failure to properly respond. Just trying to point out some common tactics and the fact that the Plaintiff has a variety of ways to "win" without doing any actual work or going to trial.

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