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Affidavit from collection agency
Last month I was served with a summons and complaint from a collection agency for credit card debt. (Michigan venue) I answered it and have a scheduled hearing next month. Attatched to the summons & complaint was an affidavit. The signer of the affidavit sated they have 'personal knowledge' of the debt etc. Then this week I received a copy of a suponea from the origninal creditor and the collection agency is requesting the documents from the credit card company. My question is can motion the court to dimsiss the case based on the false affidavit?
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Yes, as long as they don't have original documents from the bank, wich they usually don't.
It seems to be the usual estrategy of Resurgent (LVNV Pinnacle... ), you only need to file your response asking for real proof of the debt and show up in court. Check also the Statute of limitations on your state against the date of the first mayor delinquency date on that debt, if the SOL is let say 3 years and you quit paying the bill 3 years and one month ago, that will give you an absolute deffense against the CA. Carl.- |
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