My question involves collection proceedings in the State of: DuPage County, IL
I was going to file a lawsuit against an ex-friend who owes me money, my lawyer said that I need my witnesses in court and that a notarized affidavit would not be admissible in court.
Currently I am being sued for a credit card debt that was sold off to a collector. Attached to the summons is an affidavit stating that:
1. That I am the agent in the above captioned matter and I am authorized and qualified to make this Affidavit in support for the judgment against the above name defendant (which is me )
2. That the Plaintiff is the purchaser/assignee of the Defendants account from the original creditor --------Bank
3. That the Plaintiff maintains, in the regular course of business, computer records on which entries by a person with knowledge of the information therein and/or information transmitted from a person with such knowledge;
4. That the defendant is justly and duely indebted to said Plaintiff in the amount of ----. Affiant further states that the foregoing sum is now due and owing to Plaintiff, and the sum herein above mention is due with interest.
5. That if called upon affiant can testify at trail as to all facts pertaining to this matter.
1. Is the affidavit admissable in civil court?
2. How do I call the witness to the stand, I know they won't have the witness there because the affidavit was notarized in another state that's very far away.
3. After the day I answer the complaint the judge will set two dates. One is which by when the plaintiff and defendant need to exchange evidence they are going to use. The other of course is the trail date. At that time do they need to also tell me if they are going to call any witnesses?
Most likely they will not have the witness so can I have the case dismissed based on them not being able to produce the witness who made the affidavit?