Objection to Affidavit by Collection Attorney

dottucker · #1 08-13-2005, 03:39 PM

The debt collector's attorney said he was objecting to my affidavit's I submitted to the court, that was notarized , signed. rather the judge said the attorney was going to object and that I have to have the notary and witness to appear in court next appearence..Now the debt collector had a sworn affidavit just as I have by their attorney and the judge did not comment on that, Can I object to their affidavit and demand that the attorney that signed the affidavit be in court as well, what about the creditor with the accounting records that suppose to have first hand knowledge of the alledged account? Any ideas on this? Why did the judge say my witnesses the notary as to be in court, this is a sworn affidavit, true and correct, the lawyer that signed their affiavit was not even in court,,,need a little help with this....

seeker · #2 08-13-2005, 04:03 PM

It is my understanding that the only thing that can be required, if an affidavit is submitted, is that the person (witness) executing the affidavit can be cross-examined to ascertain the facts.
I don't see how they can demand the notary appear in court -- if you submit a copy of the notary's certificate of standing, verifying they are -- this makes no sense to me!
I wonder if you can ask for a point of law and finding of fact for this 'tactic"? I think they are trying to scam you into withdrawing the affidavit. Look up the McChain v City of Fond Du Lac (Wis 1959) 96 N.W. 2d 607)
Porter v Porter (N.D. 1979) 274 N.W. 2d 235), Saturini v Saturini (Minn 1961) 110 N.W. 2d 480);

Seeker

#3 08-13-2005, 04:56 PM

I am not telling you what to do, so read this post as hot air.

That being said, I have spent some time in a courtroom fighting these bastards, and if I were in your position, I would tell the "Judge" that I want to see a certified copy of his oath of office, and I would enter a copy of the de jure 13th amendment (available by calling (719) 520-6200 and order up a certified copy from Book 6744, Page 969 (six pages)) [posted from another post by David Merrill].

Then, I would ask the judge if he is a bar member. Of course, he will say yes,
but if he either refuses to produce his oath, or tell me if he is a bar member, I would say "I refuse this proceeding for cause, and I am leaving until such time as a judge who holds a proper oath and is not an esquire can preside. Good day."

Then I would pack up my papers, and turn and walk out of the courtroom.

But, that's if it were me. You can do whatever you want...

Henry Franklin

leatherlips · #4 08-13-2005, 05:53 PM

The only thing a notary can say in court is that they verified your ID as you signed, not that anything in the affidavit is true. You might consider saying this as your opening statement, "equality under the law is paramount and manditory by law" What that means is they can't demand you do something that you can't demand the others do. If the judge says you're nuts and says you must get your head examined, you can tell him the same thing, and make every demand that is made on you. If they don't allow this, it shows they are not applying the law equally.

Jerseee · #5 08-13-2005, 11:22 PM

duplicate.......

Jerseee · #6 08-13-2005, 11:22 PM

This is not about law. This is about contracts. You can use law to back you but it is not your responsibility to attack their accusations--you could demand that they prove their claim before you tip your hand and give up your evidence. this is just my thoughts.

D.Dog · #7 08-19-2005, 08:51 AM

Quote:

Originally Posted by leatherlips

The only thing a notary can say in court is that they verified your ID as you signed, not that anything in the affidavit is true. You might consider saying this as your opening statement, "equality under the law is paramount and manditory by law" What that means is they can't demand you do something that you can't demand the others do. If the judge says you're nuts and says you must get your head examined, you can tell him the same thing, and make every demand that is made on you. If they don't allow this, it shows they are not applying the law equally.

And is that not an inccurable error?

#8 08-25-2005, 01:39 AM

Quote:

Originally Posted by HenryBowman

I am not telling you what to do, so read this post as hot air.

That being said, I have spent some time in a courtroom fighting these bastards, and if I were in your position, I would tell the "Judge" that I want to see a certified copy of his oath of office, and I would enter a copy of the de jure 13th amendment (available by calling (719) 520-6200 and order up a certified copy from Book 6744, Page 969 (six pages)) [posted from another post by David Merrill].

Then, I would ask the judge if he is a bar member. Of course, he will say yes,
but if he either refuses to produce his oath, or tell me if he is a bar member, I would say "I refuse this proceeding for cause, and I am leaving until such time as a judge who holds a proper oath and is not an esquire can preside. Good day."

Then I would pack up my papers, and turn and walk out of the courtroom.

But, that's if it were me. You can do whatever you want...

Henry Franklin

Mr. Bowman,

I do not dispute what is written above but,,,,,
Where I live, and in these courts your action stated above would more than likely result in an immediate jail term for contempt. And I do mean immediate. A friend of mine was arrested in the courtroom and sent straight to lockup for saying to no one in particular "this is a bunch of crap". He was in handcuffs within 30 seconds and spent 6 hours in jail. That's it.

pf

KITCHIE · #9 08-25-2005, 10:08 AM

Hey all,

Only Attorneys can be immediately hauled off to jail for contempt. For Private citizens it a different story. There must be an investigation etc and it takes about 3-4 weeks to complete. Your friend should sue the crap out of the state the county and the judge.

Kitchie

#10 08-25-2005, 10:20 AM

Quote:

Originally Posted by KITCHIE

Hey all,

Only Attorneys can be immediately hauled off to jail for contempt. For Private citizens it a different story. There must be an investigation etc and it takes about 3-4 weeks to complete. Your friend should sue the crap out of the state the county and the judge.

Kitchie

You are most likely correct. It has been a few years since the incident I referred to. It was in Justice Court.

Whatever the violation was it equated to 6 hours in jail. I know the judge, he married me and the wife. And he is good friends with my Dad.

I will look into the archives and see if I can find the news story. It was 8 years ago.

pf