Motion To Strike with Affidavit
Below is a sample of a motion to strike plaintiff’s affidavit of debt. While this is just a sample form t is still up to the defendant to check with his/her local court and find out the correct format that they require. It is also the responsibility of the defendant to fill out the captioning and motion as required by his/her court for their own credit card lawsuit.
Also, check your court rules to find out what is considered hearsay in your state. It is important to know that when the original creditor or an employee of the original creditor signs an affidavit of debt, it is not considered hearsay.
Utilize the sample of a motion to strike keeping in mind that all courts are different and may require something a little different. This will help give you an idea of what one looks like.
Wherever you see “TYPE YOUR COURT HERE” insert your state
IN AND FOR THE COUNTY OF “YOUR COUNTY HERE”
NAME OF PLAINTIFF HERE
YOUR NAME HERE EXACTLY AS LISTED ON SUMMONS
Case No: CASE NUMBER HERE
DEFENDANT NAME HERE
MOTION TO STRIKE PLAINTIFF’S
AFFIDAVIT OF DEBT
DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF DEBT
Now comes the defendant (name here), PRO SE, who requests this Honorable Court to strike Plaintiff’s affidavit of debt for the following reasons:
- The junk debt buyer has file Exhibit B Affidavit of debt.
- Exhibit B affidavit pertains to acts and events that allegedly occurred between Defendant and a third party, (original creditors name).
- At no time was the creator of the affidavit nor any of Plaintiff’s employees present to witness any alleged acts or creation of the records of transactions occurring between Defendant and the (original creditor name).
- As such said affidavit falls under the hearsay rule (Evidence Rule was here) and is inadmissible as evidence
- 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:
- The information contained in the document is merely an accumulation of hearsay, and;
- Upon information and belief, the creator of the document in Plaintiff’s Exhibit B 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;
- Is unqualified to testify as to the truth of the information contained in Plaintiff’s Exhibit B.
WHEREFORE, Defendant prays that Plaintiff’s exhibit B be stricken from the evidence in the above action.
Your Name Here
Your Address Here
Tags: Motion to strike affidavit, motion to strike affidavit of debt