Have Legal Questions? Ask a Lawyer Now.
I am looking for Arizona case laws RE: Precluding Plaintiff's Affidavidt, Chain of Title, Assignment (and the criteria for an Assignment) Cannot find any. Already filed the Motions to preclude the above. I know the Rules of Evidence to cite. I do not want a monthly $40 plan Merely need Case Law AZ Civil Ct / Az Supreme Ct Division 1
I'd be happy to do some legal research for you. I need to know a little bit more detail to be able to find you the right cases.
1. What is the plaintiff's affidavit being used for (what motion or procedure)?
2. When you say chain of title, what is the subject of the title and why do you dispute the chain of title? A car, a house, a peice of evidence?
3. When you say "assignment" what are you referring to exactly? A contractual right that has been assigned? Or a peice of property that has been assigned?
4. Where are you in the case? Are you filing motions for summary judgment or are you about to go to trial?
The more detail you can provide, the better. After you answer, you will have to give a few hours to look for the cases to put the requested information out of them.
Thanks and I look forward to hearing back from you.
Thanks! This is a debt collection case (not a valid one:)
1. Plainitiff's Affidavit is an unidentified employee swearing the Plaintiff has accuracute business records - and P bought the debt.
2. Chain of Title: the alleged assignment - it is actually a generic bill of sale with zero info about me or my acct or anyone's info although it states the exhibits are included. 2nd doc is merely a Notice of Name Change from Pl's company - dated prior to the alleged assignment/purchase & completely irrelevant evidence.
3. Assignemnet is for an alleged credit card account that I have never had. No billing statements with any transactions have been produced EXCEPT1 copied 3 times - no transactions- with an account # XXXXX have never had.
4. Plaintiff just filed MSJ - I will be opposing it. I just filed motions to preclude five piece of evidence. I think the most important are: Assignment (which is just a bill of Sale) Chain of Title, Affidavidt.
I would appreciate case law RE: the evidence and please no hurry _ i am not in need of this "stuff" tonight. I want to file the Case Law along with the Rules of Evidence (I have them) on Monday as Attachments to each motion.
P.S. I am the Defendant, Pro Se
OOPPSSS sorry I just hit the mediocre face by Mistake!
Here is some more information:
Plaintif's Affidavit - I have already included with proof the Affiant does not know: information that should be in Plaintiff's file - EG: stated was that Plaintiff sent me regular billing statements. My response: I rec'd a letter in Jan 2011 stating I owed the Plaintiff and Chase bank. I owed Chase Bank zero at that time & had never heard of the Plaintiff. I request (3 times with tracking numbers to prove my mailings) proof of assignment & stated they had the wrong person. No response until summons & complaint June, 2012. I also showed with proof: Affiant does not know the difference between a chain of title (defining it) and a company notice of name change. Proven, too in the motion: was the Bill of Sale had no consideation, no names of borrowers, etc. Affiant's title in company is Assent Legacy Manager & does not mention record keeping knowledge/time with Plaintiff/or not at company when the alleged Feb. 2010 assignment happened. You got my point.
I need case law in AZ District 9 + AZ Supreme Ct Dist 1 + Federal law to cite when affidavits have been precluded due to the Affidant no telling the truth and merely depending upon hearsay.
I intend to use relevance of evidence a great deal. I do have the Rules.
Does this info assist?
Also, Plaintiff is now claiming it is a claim of open account vs. written agreement. Would I be correct & I need assitance with the LAW that Plaintiff must produce x amount of billing statements showing transactions. They can't - they haven't - never had that account #.
Hoping this assists! Thank-you.
First, just to make sure we are on the same page, I want to give you a brief explanation of the function of a business records affidavit. The hearsay rule prevents any written document being used as evidence unless there is an exception to the general rule which would allows its use. A business records affidavit may be used to bring about an exception to the general hearsay rule.
So I will explore objections to the business record affidavit in Arizona case law.
Second, are you saying that the Plaintiff has not been able to produce an original record showing that you had an account with Chase? Or are you saying that while you had an account with Chase, the Plaintiff just does not have proof of it?
Third, a person making a business records affidavit can only testify that the records were properly received and kept in the business's records. The person cannot be testifying about any facts that are not about the records, as there would be a lack of personal knowledge. Does the affidavit contain such unfounded statements?
This research may take longer than originally thought, but I should have something back to you within the next 24 hours.
Not at all! I was double charged the $40 I left $40 there for you. What may I do to assist to straighten this out?
Oh! Thank goodness. I'll check with customer service and handle everything. No need for you to do anything further. Sorry you got double charged!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).