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Move for directed verdict, then prove SOL if necessary


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Posted by The Avenger (172.150.21.54) on June 03, 2004 at 20:57:02:

In Reply to: Heading to court / Looking for a dismissal posted by Runnabout on June 03, 2004 at 14:12:36:

If all they have is a computer printout, object to its admission as pure hearsay not subject to the business records exception because they won't have anybody there to vouch for its authenticity and that their recordkeeping procedures are sufficiently reliable. If the judge admits this silly thing into evidence anyway, move for a directed verdict at halftime (after they rest their case) because they have not provided enough evidence for a reasonable finder of fact to find that they have proved their case by a preponderance of the evidence.

If that doesn't work, it will be your turn next, and all you have to do is prove your SOL defense with your credit report and your own testimony that this is the correct date of last activity. And renew your motion for directed verdict when you're done. This should get you off the hook. And the judge will hopefully yell at them for bringing a frivolous case.

Then find a consumer attorney to sue ASSet for violating FDCPA by suing you for a SOL debt, and stick them for attorney fees. Sounds like you're in good shape all around.


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