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Are statements enoght evidence


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Hello,

Case is in court and send a motion for production and the debt lawyer sent me copies of statements, my question is, is that enought evidence in the court to rule in their favor ?

It all depends on so many things. How you argue it will have the most impact.

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Guest usctrojanalum

Statements alone by themselves should not be enough. If it is an original creditor, there should be an affidavit from the OC testifying as to the accuracy of the statements. Also in my opinion, if they have those two elements plus copies of canceled checks or proof of payments made on those statements - they have well established their burden of proof.

If it's a JDB, totally different ball game.

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where is the proof of mailing of reciept and acceptance

Do you have statements from 0 balance forward to the last payment

proof of source of the payment

Who ordered the statements, who oversaw reproduction, are they referenced by the affiant and were they attached to the affidavit

What procedures are in place to insure the integrity of the process that creates the statements and insure they are not tampered with

Does your state have a requirement that the statements are accompanied by documentation of the person that re-created the documents

What does your civil rules say about rules of evidence

lots of things can influence the admissability and weight given to the statements

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where is the proof of mailing of reciept and acceptance

Do you have statements from 0 balance forward to the last payment

proof of source of the payment

Who ordered the statements, who oversaw reproduction, are they referenced by the affiant and were they attached to the affidavit

What procedures are in place to insure the integrity of the process that creates the statements and insure they are not tampered with

Does your state have a requirement that the statements are accompanied by documentation of the person that re-created the documents

What does your civil rules say about rules of evidence

lots of things can influence the admissability and weight given to the statements

Eggzactly!

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