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Motion to Strike JDB Affidavit


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How does this look?

Comes now, Defendant XXXXXXXXXX, moves the court to strike “Exhibit C” of purported affidavit from the record. As it falls within third party evidentiary rules, it is inadmissible as hearsay. Affiant could not have had personal knowledge of the alleged debt and there is no evidence of such. And the nature of the averment of alleged agreement or assignment can not be ascertained in whole or in part without creating an unfair prejudice against the Defendant. Furthermore, Defendant is not named in purported affidavit nor are there necessary account details to attest to the supposed averment.

This generic purported affidavit could literally be for any “Loan” to any person, not to mention it is a photocopy and not an original which also violates certain evidentiary rules.

Does anyone have some FL statutes or case law I could cite?

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...are you currently involved in a lawsuit?

I'm presuming (as your post was a bit vague), and you've received one of the infamous "affidavits of debt." Either attached to the summons, or as part of discovery (not sure as your post wasn't specific)...

Aren't those affidavits the cutest? :rolleyes:

I am on the west coast, and unfortunately not particularly knowledgeable about your state (Florida), and it's court rules.

This is a link from this site regarding how to go about striking "affidavits,"

which features a sample "motion to strike":

Motion to Strike Affidavit of Debt - Learn How to Write One

I hope it is helpful reading, until a Florida specific poster comes along to assist you. As the information above is not specific to any one state. So it's important to make sure you get info. that assists you w/your state's court. Good luck! :)++

Edited by tigger
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If you'll click on my profile name then search "View all posts by creditstudent38" it will give you a good idea of where I'm at with all this.

The most information is here. Here's a play by play of some of the court proceedings at this link:

http://www.creditinfocenter.com/forums/there-lawyer-house/312173-midland-attorney-says-i-admitted-oc-debt-so-what.html

I'm trying to pay down my unsecured debt, and this forum has been most helpful. Thanks everyone, I will keep coming here.

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Why on earth would you file a motion to strike before the court date? You just told them how you are going to play ball.

Wait until the court date its self and object verbally in open court then you make it harder on them to prove their case. Why? Because they will not be ready to act upon a motion to strike made verbally.

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