/ Register

Summary Judgement

Discussion in 'Credit Talk' started by wvanative, May 19, 2008.

  1. May 19, 2008 #1
    wvanative

    wvanative Member

    Don't know if you remember me, however I answered my summons back in January this year. I also sent a letter requesting complete Validation of the debt. I got back a letter that stated Pursuant to your request for Verification on the above reference debt, please find a copy of the verified statement of account...(Notarized statement saying they, cach, is purchaser and owner of debt and they have access to all records pertaining to the account. Never sent me anything....

    leap to today,

    I get a copy of a motion for a summary judgment based on the same letter (signed by and notarized by different people than the first). Isn't an affidavit Hearsay if no documents have been provided?

    How would I go about getting this dismissed?

    Also, line one says she is authorized agent for CACH as purchaser from and assignee of Household. ( Can they be a purchaser and assignee?)
     
  3. May 19, 2008 #2
    flacorps

    flacorps Well-Known Member

    Hearsay comes in unless there is an objection.
     
  4. May 20, 2008 #3
    Dumb Bob

    Dumb Bob Well-Known Member

    An affidavit can be inadmissable because it is hearsay but there are many exceptions. For summary judgment, affidavits are used along with documents and other materials. Affidavits should be based on personal knowledge.

    Remembering that the further you go with this, the more they will get for attorney's fees if they win, you could use the mechanisms of discovery to find out exactly what they do have. Then you could maybe get a lawyer.

    Purchasing a debt is done via one type of assignment. Another type of assignment is only for purposes of collection.
     
  5. May 21, 2008 #4
    wvanative

    wvanative Member

    Summary Judgement ( new info )

    Thanks Bob...

    i forgot to mention that I did send a validation request when i received the initial summons/complaint in January. What they sent me in reply to to request was a signed affidavit stating that they were the purchaser and I owe them xxx. I requested how they came up with that amount and show I am who they say I am.

    all this was sent through their attorney, no the file motion for summary judgment.

    If they didn't verify/validate properly, inst this a violation even if from the attorney?

    i called the clerk of court today and she said probably 2nd week inJuly for the summary judgment hearing
     

Share This Page