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Never got 1st Contact Letter


crash5050
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I was looking thru all of my stuff on this last collection account that I have, and I could not find a 1st letter of contact. I sent a DV once I found the listing on my CR's and they did verify, but could that be used as standing to initiate litigation?

Another Question, when I ask for discovery and they produce an affidavit, should I subpoena the affiant or should I ust sit on that and call that person as my 1st wittness in my case, and if they are not there move to strike the affidavit, then move for a summary judgement as I cannot cross a piece of paper?

The reason I am asking this is, what are the odds of the CA bringing the person who signed the affidavit from the OC to court? The debt that I am have the suit against is a 5 year old out of SOL debt collection.. The only "Proof" that the CA would have is the affidavit.

Also, would a copy of an email sent to the Attorney general be considered hearsay? The AG sent me a copy of the defendant's response that outlined the timeline of the entire collection process, from the initial Assignment to the Demand for the AG to remove the listing? I hav enot read much about the use of email on the boards.

David

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Email is hearsay and the worst kind, since it can so easily be tampered with. Not saying you would at all, but you can make an email say whatever you want.

If you call the affiant you will need to have them on your witness list and you will have to secure their attendance at court. Not something I'd do in a million years.

Is this the case where you sued them? If so, unless they counterclaim, the validity of the underlying debt is irrelevant. It won't matter if you owe it or not, the case is about how they went about trying to collect the debt or put on your credit report.

If this is the case where you sued them, the whole case is going to simply rest on if the Defendant violated TRICARE or not and if they did violate TRICARE was it an intentional violation.

Your main problem (if this is the same case I'm thinking) is going to be like I said a few weeks ago, overcoming the credit reports being hearsay. It works both ways, they can't introduce an affidavit without having a witness there to validate what the affidavit states and you can't introduce a credit report without somebody from the credit reporting agency there to authenticate the credit report.

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But I can subpoena the AG associate who took care of the matter and he can swear that the information contained in his coorespondence with me is true and correct? That would eliminate the Hearsay. I need to just scan and send you this email, it lays out everything from 12/2008 to 2/2012. They admit to everything in the email to the AG, including knowing that it was a Tricare Medicare issue on 4/21/2009. I have to get this information admitted, it is the crux of my case.

David

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Exactly, you subpoena somebody with personal first hand knowledge of what is contained in the EMAIL.

You do that you don't even need the email. You basically can use the email as an outline to ask the witness your questions.

That is the exact way you overcome hearsay. You have a live person that can explain the evidence/documents/email ect.....

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Another Question, when I ask for discovery and they produce an affidavit, should I subpoena the affiant or should I ust sit on that and call that person as my 1st wittness in my case, and if they are not there move to strike the affidavit, then move for a summary judgement as I cannot cross a piece of paper?

Exactly. Never tell the other side what you're thinking of doing in advance.

Also sending a subpoena to the AG associate is genius. Of course, the other side will be able to cross examine them, but since they have first hand knowledge, this could be a real boon to your case...

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