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Response To Defendent's Motion To Strike Affidavit of Debt In Support of Plaintiff's Claim


time4sax
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The attorney for the debt collector sent a response back regarding my motion to strike Affidavit of Debt.  The plaintiff did attach an affidavit with their complaint but in their response they are actually trying to state they have not submitted any affidavit.  Below is what they wrote in their response:

 

The Plaintiff, J & H Systems, LLC, (hereinafter "Plaintiff"), by and through counsel undersigned, hereby files this Response to Defendant Kevin R. Robinson's (hereinafter "Defendant") Motion to Strike Affidavit of Debt in Support of Plaintiff's Claims.  The Defendant's Motion is both moot and without merit.  The Plaintiff has not submitted any affidavits for admission into evidence.  The Plaintiff believesthe Defendant's request may be referring to the affidavit of Bradley Klein, which was attached to the Plaintiff's Complaint.  However, the Plaintiff has not moved to have this document admitted into evidence nor has the Court received the document into evidence. Thus, there is no document to strike from the Court's evidentiary record and the Defendant's Motion is moot.

 

Furthermore, even if the Plaintiff's Affidavit had been submitted for admission into evidence, the Defendant presents no valid objection to justify excluding the Plaintiff's Affidavit.  The Defendant's Motion does not cite any law or authority to justify the Defendant's request.  The Defendant makes no mention of any applicable legal standard and, without any adequate explanation of the state of the law, requests that the Court strike the Affidavit merely because it does not contain specific avowals about the basis of the affiant's personal knowledge.  The Defendant's request, therefore, is without merit.

 

Therefore, the Plaintiff respectfully requests that the Court deny the Defendant's motion to Strike.

 

Please advise if I need to respond to the plaintiff's response or is this a matter now for the judge to decide?  By the way my case is in the state of Arizona.

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