I'm being sued by a junk debt collector for a credit card under $5000. The collector submitted an affidavit signed by someone with there firm. Wouldnt this be considered hearsay since this person couldn't have possibly been witness to anything pertaining to this debt other than what this collector has. Would this qualify for a motion to strike affidavit? Already filed motion to defend with lack of knowledge of truth to this debt. Have interrogatories ready to be sent now also.
2 Answers from Attorneys
It sounds like you are representing yourself. Bad idea. Hire a Maryland litigator who can possibly negotiate a reduced settlement or represent you in Court.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******
First, you cannot serve interrogatories on a claim of less than $5000.
Second, with respect to the affidavit, you should know that the affidavit will not itself be admissible in court. When litigants file cases in district court, they must submit an affidavit in support of their claim. If the defendant fails to defend themselves, the affidavit will be used to support the judgment against the defendant. If the defendant does defend themselves and requests a trial, the debt collector must put on an actual witness. So, if you are intending to take this case to trial, there is really no reason to have the affidavit stricken -- the debt collector will need a witness to support that same evidence.
Good luck with your case. If you need further assistance, don't hesitate to contact me at stm@morrisesq or feel free to check out my blog, www.marylanddebtdefense.com.
***This answer is not legal advice and is not intended to form an attorney-client relationship. Consult with a lawyer to discuss your specific legal situation.****