Re: Evidence in a Michigan Lawsuit
I have another question regarding the structure and content of an affidavit?
First, let me say the error in their evidence that I already mentioned
and seniorjudge advised me to use...was just enough to allow me a
little room to request more solid documentation from the plaintiff.
I did have to object first, as the judge was going to accept it as just that, an error.
I had to raise the objection, and follow it with the possibility that the other
party (if associated with this account) may have paid something beyond the SOL
and I also had to show that just the photocopies of their statements
were not enough to prove my check (front and back)
had been the one to pay on the account.
The plaintiff stated obtaining a photocopy of the check used as payment beyond SOL
may be hard to do, would an affidavit work?
The judge said he would need to see it and then would rule on it, warning
me that if he was satisfied with the affidavit, he would rule accordingly.
In short, I won a little today, at least they were not granted an automatic
judgement which is what I felt would happen, instead..the motion was set aside for 30 days
for them to produce an affidavit or cancelled check.
In addition, the bench trial was set aside..delayed.
I also have to say, the judge has been so fair with me, win or lose,
he has looked at everything and not just immediately sided with the plaintiff.
This is what I will remember about this case more than anything.
My question(s) and any answers-advice is much appreciated.
Re: Affidavit in lieu of actual time stamped-cancelled document..
1. I imagine they must be careful with this as they cannot lie or falsify this
piece of evidence?
2. What does the person drawing this affidavit required to have as content
or material to base the affidavit on, if they are in fact not drawing it
from a cancelled check-document of mine?
3. Is it as simple as having their accountant sign something verifying they are the accountant
and they have witnessed the statements-payments as they processed?
I feel I still would have the right to object to that, as it still would not be a
document directly from me and would not allow for billing errors such as a payment made
by someone else and credited to my account during that time frame?
I also have read many complaints online that payments you send in to your account
may be posted at a later date(s) to enable them to gain more $
for late payments, over-the-limit fees and to show activity on defaulted accounts?
I say all of this because their statements are so odd looking, they show
activity when the account is soaring way over the credit limit and firmly in default for months.
5. Should I assume if they can present an affidavit, then they must have
witnessed a photocopy of the actual check?
6. What information does the judge look for on a proper affidavit
as it relates to material fact?
7. If the plaintiff presents the affidavit and I find something in my own evidence
which shows they are not being truthful or falsified it, what
are the consequences and how does it affect the lawsuit?
8. Any advice on what I would require to offset this upcoming affidavit
or questions I should ask the judge about the content of it?
Thank you, again...
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