8/3/2019 Credit Card Lawsuit Objection To Affidavit

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OBJECTION TO AFFIDAVIT

[COURT TITLE]

[CAPTION]

 ____________________________________/

OBJECTION AND MOTION IN LIMINE IN RESPONSE TO AFFIDAVIT

OF “ “ AND RELATED ARGUMENTS THEREWITH

Comes now the defendant and hereby objects to the affidavit of “ “ and

the related arguments made therewith, for the following reasons:

1. The affidavit and exhibits are not relevant, prejudicial and is

inadmissible hearsay and is not admissible at trial with the opportunity for cross-

examination.

2. The defendant objects to this affidavit on the ground that it is not

relevant and is inadmissible hearsay. Anyone can testify to the facts in that

affidavit, the affiant has no personal knowledge as to whether or not the

defendant promised to pay under any certain terms, or that the plaintiff even lent

anything to the defendants. On what date was the disputed account opened and

on what date did the affiant obtain personal knowledge of the account? Was the

affiant present at the time and witness the purported promise to pay, or did the

affiant witness the plaintiff lend money to the defendant?

3. The affidavit is utterly silent on these facts. Any person shopping at the

mall could have signed this same affidavit. If plaintiff’s attorneys could have

simply handed a person they found shopping at the mall, some “books and

records” they created and had them read and agree with the affidavit form, that

person could then sign it for a fee. This is a form used hundreds if not thousands

of times by the plaintiff’s attorneys. It does not contain the original thought of the

affiant.

4. And certainly sending bills does not establish a debt or even a loan as

they claim. If that were possible, we could all retire today by sending bills to

8/3/2019 Credit Card Lawsuit Objection To Affidavit

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people listed in the phone book. Where is an authenticated copy of a credit or 

loan agreement bearing the signature of the defendant and date of execution?

Where is the evidence that the plaintiff actually agreed to lend money or 

something of value to the defendant, and where is the evidence that the plaintiff 

in fact did lend anything to the defendant?

5. After many years of schooling, several college degrees, thousands of 

hours of training and practical experience, the plaintiff’s attorneys represent the

plaintiff, one of the largest financial institutions on the planet, demanding

thousands of dollars from the defendant, and the only attempt at evidence they

can provide, that was not even attached to the complaint, is an affidavit of some

employee who was not commissioned to sign the form until just before or after 

this lawsuit was initiated. More must be expected of the plaintiff, indeed, the

defendant is held to compliance of the same rules created by these and other 

lawyers and by the largest money interests in the world. Why should the plaintiff 

not be held to a standard that is commensurate with its status, magnitude and

the claims it now makes?

WHEREFORE defendant requests an order sustaining this objection and

granting the motion in limine.

DATED this ___ day of [month] [year].