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SoStressed

Question regarding credit card statements being attached to summons/ complaint

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HI..yet another question....

The complaint filed by the JBD Plaintiff had two credit card statements attached.  Nothing is verified and no affidavit of any kind in complaint.  How do I get those thrown out so they cant be used against me?

Waht are the evidence rules?  Can they just attach those and the attachmnet is assumed to be true?  How do I challenge those?

Thanks,

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They're only assumed to be true to the extent that you don't challenge them, which would happen either at trial or in opposition to plaintiff's motion for summary judgment. 

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Since most people do not answer their summons and complaint or file a flimsy answer, they can attach the statements and the courts will consider them true. Once a defendant challenges the statements, they will try to get the affidavits and other paper work needed to back them up. Since about 98% of the defendants do not fight, it is not worth their bother to do all the work.

Besides, they are attaching the statements to try to convince you to give up and settle or not answer.

And yes, that is perfectly legal in all states.

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Awesome, thanks!

Is my filing a General Denial as my answer challenging those statements?  Or do I need to specifically challenge those somehow?

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You can just file an answer right now. Challenging the documents comes in what is called discovery after the case is started. Others from California can assist you with that.

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