Affidavits given
by Collection Agency Employees
Hearsay.
"Hearsay" is a statement, other than one made by the declarant while testifying
at the trial or hearing, offered in evidence to prove the truth of the matter
asserted.
Declarant.
A "declarant" is a person who makes a
statement.
Statement.
A "statement" is (1) an oral or written assertion or (2) nonverbal conduct
of a person, if it is intended by the person as an assertion.
Present Sense Impression.
A statement describing or explaining a material event, condition or transaction,
made while the declarant was perceiving the event, condition or transaction, or
immediately thereafter.
When a Collection Agency sues you
the chances are that they do not have the Credit Card Contract. In its wake they
will attach an Affidavit from someone stating I see records, I see documents, I
see the date blah blah blah opened the account, I see this and I see that.
Do you now?
The first thing that you want to
check in regards to the Affidavit is who signed it? And who they work for.
If the person signing the
Affidavit is from the Original Creditor that sold the Debt to the Collection
Agency well, then make sure that it is indeed from the Original Creditor. You
can do that by Calling the Original Creditor for verification.
Now, if the Affidavit is signed by
someone from the Collection Agency's Business let's say an employee of the
Collection Agency this most likely can be stricken from the Record using a
Motion To Strike.
Does the Affidavit Writer lack sufficient personal
knowledge to testify to the information contained in Plaintiff's Exhibit X.
What I mean by this is if the
person who signed the Affidavit that was attached to your complaint is not an
employee of the Original Creditor
that person could not have been possibly there to witness any alleged acts or
creation of records between the Defendant and the Original Creditor. They cannot
have personal knowledge of anything they have written down and signed.
...... therefore it is considered
HEARSAY.
Look up under The Rules of Evidence in
your State and see what your State claims is hearsay. Listed Below are all
United States Evidence Rules.
Arizona Title 12 Court and Civil Proceedings
Alaska Title VII Hearsay
Rules
California Rules of Evidence
Connecticut Rules of Evidence
Delaware Rules
of Evidence
Washington DC Rules of Evidence
Florida Rules of Evidence
Georgia Rules of Evidence
Idaho Rules of Evidence
Illinois Rules of Evidence
Indiana Rules
of Evidence
Kentucky Rules of
Evidence
Massachusetts
Rules of Evidence
Michigan Rules of Evidence
Minnesota
Rules of Evidence
Montana Rules
of Evidence
New Hampshire
Rules of Evidence
New Jersey Rules of Evidence
New
Mexico Rules of Evidence
New York Rules
of Evidence
North Carolina Hearsay Rules
Ohio
Rules of Evidence
Oregon
Rules of Evidence
Pennsylvania Rules of Evidence
Rhode
Island Rules of Evidence
South
Carolina Rules of Evidence
South
Dakota Rules of Evidence
Tennessee Rules of Evidence
Texas
Rules of Evidence
Utah
Rules of Evidence
Vermont Rules of Evidence
Virginia Rules of Evidence
Washington Rules of Evidence
Wisconsin Rules of Evidence
Wyoming Rules of Evidence
Legal Disclaimer- I am not a lawyer, I am not
providing any legal advice nor am I claiming to be a legal or debt expert. This
information is provided on my own research and experiences with my own Debt
Lawsuits. This information and sample documents are for research and sample
purposes, use this advice and forms at your own risk.
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