[BOBT12]

Originally Posted by dystopia

Hey guys, I need your opinion on something quite urgently as I'm going to court tomorrow.

I was at the library today reading the annotated codes for my state.

The attorney entered certified business records into the record. These are the complete history of credit card transactions. Basically all the monthly statements printed out. No contract, no copy of a contract just these business records supported by affidavit.

No here's the problem: in Maryland, the annotated code says I have 5 days to dispute the introduction of certified business records into evidence.

Well this does seems to limit the Objections you could have raised to keep the information out of the record altogether. However, you may still be able to raise an issue regarding the accuracy of the information. Warning, if you dispute the issue under oath, and you know it is not true, there could be a problem. It would help, if you could show that it is inaccurate, perhaps it was addressed to the wrong address, as the other do***ent was, for instance.

Originally Posted by dystopia

I did not do this because it never occurred to me that I had to.

Well I was feeling pretty good until I read this. Now I feel that I have given up SMJ and in personam. May also be considered proof that a contract exists.

If this testimony from this bogus affidavit remains unchallenged I'm thinking I cannot win.

You can dispute the affidavit in court. I mean what are the reasons that the person giving the affidavit had personal knowledge of the events at issue? Are they present for cross-examination? Perhaps you can show that these do***ent are not related to you. You will be under oath, so proceed with caution.

Originally Posted by dystopia

And yet, I don't think I can challenge it at this point. Therefore, I can't win.

The only thing that makes me wonder is - are these certified business records proof of a contract.

No. They are records that you allowed into evidence, without dispute.

Originally Posted by dystopia

Can they really win a judgment without even a copy of the contract?

Possibly, due to the testimony presented.

Originally Posted by dystopia

This is Maryland btw, I was not able to find it in the annotated code.

If you have .02 feel free to jump in, I'm seriously thinking about trying to make some kind of deal for accelerated payment in exchange for a break on some of the legal fees and no judgement.

It is up to you to make an offer, and up them the Plaintiff to accept. Otherwise, the courts will give a verdict. However, you may choose to appeal this verdict, check your rules, so that you are prepared when, or if, the time comes.

What do you think?

I hope this helps.