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  1. #1

    Default How to Challenge a Creditor's Affidavit That I Owe Money on an Account

    My question involves collection proceedings in the State of: California

    Im going to court this friday against a credit card collection agency. I have a few questions about the tough road I have ahead, and what is my best option for defense. Forgive my lack of legal knowledge and possible misuse of the terms

    Number one is can I beat them?

    There discovery questions were answered in a round about way where I never admitted to any debt owed to anyone let alone them ( buying the debt from the original company).

    I know they dont really HAVE to have any proof that they own this debt, but they REALLY dont have any proof. They admitted two letters from the original credit card company saying they have bought some accounts, nothing specific of course. They admitted a blank contract??????

    And the have a written affidavit from some random lady that goes like this

    do hereby declare as follows:
    1.1 am an authorized agent and duly qualified custodian of records ofPlaintiff in the
    above-entitled action. Inthe normal course ofbusiness Plaintiff maintains computerized
    account records for all its customers. These records are kept by employees who are responsible
    for accurately recording any business transaction, condition or event on the computer.
    2. I have personally reviewed the records as they relate to the Best Buy Internet credit
    card inthe name of _________ME______________(hereinafter "Defendant(s)") issued by HSBC.
    Theretbre, I make this declaration based on my personal knowledge and review of said books,
    records and transactions reflectedtherein and if called upon to testify as a witness, I could and
    would competently testify thereto

    A buddy of mine who is more experienced in litigation ( somewhat of a hobby for him) said the affidavit is there weak spot.

    Who is this lady? What makes her a qualified book keeper? what is her job title? i will ask the judge to consider the many cases where Debt buyers have submitted affidavits which purport to be made on personal knowledge but in fact are based on reading a computer screen.

    Why didn't they admit the signed contract instead of the blank one.

    Number Two if I lose ( good chance lol) How can I beg the judge not to grant the plaintiff all the erroneous fees and interest they are trying to collect, they bought the debt at 1500 yet there suing for over 3000!!

    I know there betting on me not showing up and probably have 20 other cases through out the day where the defendant wont show up, but im gonna go down swinging.

    thanks for the help

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Challenge a Creditor's Affidavit That I Owe Money on an Account

    You're going to court this Friday for what type of hearing?

    The affidavit was submitted when, in support of what pleading or document, for what purpose?

    The amount you owe on the account is the amount they can collect on the account, assuming they prove their case, even if they paid less than face value for the right to collect on the account.

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