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I've got my court date. Now what?


MVW18
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I've got my court date - March 19.  Hope and pray the lawyer doesn't show.  But I don't think I will be that lucky.  Guess I need to take my credit report that states the account they are suing on is paid in full. 

Anything else I need to take?

I've posted my problem before, so hopefully the regulars remember!  If not, it is all under Javitch, Block and Rathbone and Household Finance.  This has been going on for what seems like forever... January of 2011.

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Good luck.  A credit report is inadmissible hearsay but if it say paid in full then I'd take it and try to get it admitted, but any first year law student would be objecting to that credit report.   Hopefully you did discovery and they have provided you with nothing so you can object to anything they try to admit.  

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I asked but they refused to give me anything I asked for - I believe the terminology was not relevant to the subject matter f this action. vague, ambiguous, overly broad, etc. etc. 

So they gave me nothing except copies of a contract paid off, and copies of a computer printout of my account.  They can't even get the account number right in their court papers.  The affidavit from the supposed person who knows my account inside and out didn't even have the correct date I made my last payment.  I'm going to take the credit report, since they are the ones who reported it paid in full.  I sure as heck couldn't do that.  I hope I can handle this...

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Your credit report is your business record.  Exempt from exclusion under hearsay rules.  You generated the record and can attest to it's authenticity..  It's yours.

 

Eeehhh, he got the credit report but he didn't generate it. 

 

It's definitely worth trying to get it admitted. Have you provided a copy to the plaintiff in discovery by any chance?

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In order to get a record admitted under the business records exception 803(6), you have to provide an affidavit that complies with that rule.

 

If you want to try to use your credit report, I'd make sure it's a copy that was mailed directly from the CRA...not an online printout.

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