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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have a small claims court date with a magistrate next week

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I have a small claims court date with a magistrate next week to defend against a collection agency for a credit card account. For my defense I will state that they have not produced my signature on any account paperwork. They had some robosigner out in Minnesota state that she saw the original Citibank records and that the collection agency owns the debt. They will also claim that I didnt respond to their letter stating that if I believe the debt is not valid I have to contact them. Statute of limitation did not expire.

Is there any other defense you think I can use here. Thank you.
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
You also need to make them produce an actual itemized statement proving the amount of the debt they are seeking to collect. Also, you need to challenge the robo signer and state that the affidavit is hearsay without any proof to support it and you are entitled to due process of being able to cross examine this person regarding what they claim to have seen and if they are not there to testify, the affidavit is hearsay because it cannot be cross examined as is your right.

The challenge of the contract and proof of the amount of the debt are really the only two arguments on these cases. Thus, if you can get the affidavit thrown out on hearsay and there is no proof of a contract this should be in your favor in the case.


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Customer: replied 1 year ago.

Hi Paul, thank you! You helped me with a pro se federal appeals case a few months back and now the briefs are filed and we are just waiting for the decision.


 


On this new case, you say they should produce an actual itemized statement. Would that be from the original lender? All I have seen are computer summary reports generated by the collection agency.


 


Sincerely,


Gene F

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, it should be an itemized statement showing the balance and any of the last charges to prove you made the charges. It should be from the creditor and not the collection agency and you would argue the report from the collection agency is hearsay.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88354
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 7 other Business Law Specialists are ready to help you

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