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  1. #1
    etrainerspy is offline Junior Member
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    Cool What does the Plaintiff's Response to my Motion to Strike Affidavit mean?

    My questions follow the below court documents. I submitted the following Motion to Strike Affidavit of Debt, in the State of Maryland:

    DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S AFFIDAVIT

    Now comes the Defendant, John Doe, who requests this Honorable Court to Strike the Plaintiff's 'Affidavit In Support of Complaint':

    1.The Plaintiff admits to being a Debt Buyer.
    2.The Plaintiff has filed an affidavit of debt.
    3.This affidavit pertains to acts and events that allegedly occurred between Defendant and a third party, [Original Creditor].
    4.At no time was the creator of the affidavit nor any of the Plaintiff's employees present to witness any alleged acts or creation of the records of transactions occurring between defendant and [Original Creditor].
    5.As such said affidavit falls under the hearsay rule (Rule 5-802) and is inadmissible as evidence.
    6.Defendant further states that the affidavit is not subject to the hearsay business records exemption because it was not made at or near the time of the alleged acts or events, and;
    7.The information contained in the document is merely an accumulation of hearsay, and;
    8.Upon Information and belief, the creator of the document in Plaintiff's Affidavit is not currently and has never been employed with [Original Creditor] and therefore cannot have personal knowledge of how [Original Creditor] records were prepared and maintained and;
    9.Is unqualified to testify as to the truth of the information contained in Plaintiff's Affidavit.

    WHEREFORE, the Defendant prays that the Plaintiff's Affidavit be stricken from the evidence in the above action.


    ================================================================================
    =

    The plaintiff's attorney responds with:


    PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S AFFIDAVIT

    Plaintiff, ______________________, by counsel, opposes Defendant's Motion to Strike Plaintiff's Affidavit. In support thereof, Plaintiff states the following.

    1. Defendant's Motion fails to set forth a proper basis for the relief sought.

    WHEREFORE, Plaintiff respectfully requests that this Court:
    1. Deny Defendant's Motion; and
    2. Grant Plaintiff such other and further relief as the nature of its cause may require.



    ============================================================================

    So what does this legal jargon mean? I have no idea. Did I do the Motion properly or is this some sort of ridiculous objection. How do I respond to this?

    Also, the court set the motion for a hearing. I believe I stated the law very clearly in the motion? Why does the judge need a hearing to decide? It seems obvious to me that the motion should be granted.

    Thanks so much for reading my questions? Your input is greatly appreciated.
    Last edited by etrainerspy; 10-03-2010 at 08:24 AM. Reason: Accidentally duplicated the text and to provide better detailed question
  2. #2
    debtcollector` is offline Senior Member
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    Taught a man how to buy fish -- it seemed easier.
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    Quote Originally Posted by etrainerspy View Post
    Also, the court set the motion for a hearing. I believe I stated the law very clearly in the motion? Why does the judge need a hearing to decide? It seems obvious to me that the motion should be granted.
    And you are very obviously wrong.


    Look you are grasping at straws because you don't have a valid defense. That's fine. But please, don't be surprised when you lose.

    DC
  3. #3
    Bosco is offline Member
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    Looks to me like you did everything right so far, they're simply trying to fight back against your motion to strike. Just be prepared to argue your point at the hearing and you should be ok.
  4. #4
    davidmcbeth3 is offline Senior Member
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    A motion to strike attacks the legal sufficiency of the pleading or document. Did you include a memorandum of law supporting the motion (and are you required). Also, did your opponent file a memo. If you lose your motion, you can always deny or state that you require the other party to prove the information on the exhibit is accurate in your ANSWER & Special or Affirmative defenses. Yes, you could have a hearing on the motion in court. You should look up case law that supports your motion and be prepared to argue. You may also file a reply brief if you wish. Surprised to see a motion just attacking the exhibit & not any pleadings related to it. After the court rules on the motion then you'll need to file your answer & any special defenses, no matter which way the court rules on this motion. Why are going pro se on this; it looks like you need alot of uphill learning with this case in respect to the legal process. I cannot comment further.

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