matador Posted June 16, 2014 Report Share Posted June 16, 2014 Hi, I am being sued in MA for credit card debt by JDB. I received discovery. Included in the discovery were these 2 documents: 1) affidavit from 'officer' of OC stating that a pool of accts was "sold and acct records sent" on day X, use 7/1/2012 for example. 2) bill of sale from OC to JDB with the number of accounts and cost redacted, but it says the date of sale and money changing hands was on day Y, 1/1/2012 for example, and the electronic records transferred 6 months later on day X, 7/1/2012. So the Bill of Sale says the sale date is 1/1/2012, and the OC affiant affidavit says the date of sale is 7/1/2012. It seems obvious the affiant used the date of the electronic records being sent as the date of sale. Is this enough to have the affidavit thrown out? Thanks Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 16, 2014 Report Share Posted June 16, 2014 @matador If it were me, I'd definitely address it, but I wouldn't count on the judge agreeing my argument. Quote Link to comment Share on other sites More sharing options...
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