When to file Motion to Strike Affidavit

[Bestbet]

Hello All,

I received a Warrant in Debt (Virginia) from a JDC. My first court appreance is August 15th. Please see below what the JDC provided with the Warrant in Debt. I want to file a motion to strike. My questions is should I file this before the appearance date, after the appearance date or after the JDC provides their bill of particulars?

Thank you all in advance for you help,

Bestbet:)

Affidavit states the following duly sworn under oath:

I am CEO of the JDC

I am an authorized representative and a custodian of records for JBC and in that capacity I am authorized to make this affidavit.

That upon request, Chase Bank did provide credit services via account number and credit services were accepted the defendant without complaint as evidenced by the use and activation of said credit account.

That JBC purchased credit account and all rights, title, and interest to any outstanding balance were transferred to JBC.

The statements in this affidavit are based upon the original books and records of the OC, which were maintained in the ordinary course of business, JDC entries having been made in the regular course of business by person with knowledge of the matters described in the entries, at or near the time of the events described in the entries, and in the books and records of the OC and any other predecessors-in-interest of JDC, all of which became a art of the JDC business records at the time of its acquisition of the account.

That JDC has maintained in its computerized database the opening date, ending date and last payment date on the account that were obtained from the records of the OC. That as of this date, the books and records of the aforementioned account show a balance due of 12K, and that to the best of the Affiant’s belief and knowledge, said amount is Justly due and owing to JDC,

Signed by Notary public.

Next page is titled “Statement of Account” and has:

Account Holder:

Type of service Rendered: Credit Card

Assignee: JDC’s Name

Assigned or Credit Card Account: Chase Bank

Account Number: 4xxx

JDC File NO: 5xxx

Claim Amount: $12K

Less Payments: $0.00

Cost Expended: $56.00

Total Balance Due: $12K

[Bestbet]

Hello All,

Will really appreciate any help here.

Thank you.

Bestbet:lol:

[nrgins]

I would file it along with your notice of appearance. You can title your document "Notice of Appearance And Motion To Strike Affidavit" Have two sections in the doc & list your reasons for striking the affidavit there.

[admin]

What do your rules of civil procedures say? That should be the best guide into when to file a motion to strike affidavit.

[Bestbet]

Hello Admin,

I am having difficulty in figuring that out. Can you suggest where I can get this information for the State of Virginia? They have different rules for general district court and circuit court. My case is in general district court.

Any help/guidance you can provide will be greatly appreciated?

Thank you.

Bestbet:shock:

[Patz]

Try this link:

General District Courts

[Linda7]

You can also call your clerk of the court and ask. The phone number should be on the complaint.

[Bestbet]

Hello Patz,

Thank you for the link. It was very helpful.