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JDB in Georgia (Rules)


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Can anyone help out on how to attack the Business record (affidavit) hearsay rule for Georgia in a credit card law suit? I've seen cases in appeal courts where the results were overturned because the affidavits were not "sufficient" to prove that a debt exits, however they were mostly for overturning Motion Summary Judgements granted to the JDB by the judges of the lower courts. Can one cite these cases of the appeal courts (overturning the MJS decisions) in the magistrate courts ?

Also what other defenses can one use to keep those  billing statements, affidavits, bill of sale from being entered into evidence by the JDB during trial?

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You can't.  Especially if you are in Magistrate Court.  GA changed the court rules a few years ago and they now allows "heresy" business records as evidence.  Although technically affidavits are not supposed to be accepted in Magistrate Court according to the rules, they are 100% of the time allowed by the judges because the Magistrate Rules are mostly useless as the #1 rule is "the judge can do anything they want".

To win in Magistrate Court, I strongly suggest using an arbitration clause in the card agreement or filing a counter claim against the JDB.

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