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.