Muskogee, OK asked in Consumer Law, Contracts, Civil Litigation and Collections for Oklahoma

Q: Had 1st hearing in a junk-debt case, argued Plaintiff's exhibits were hearsay, judge gave me 30 days to talk to a lawyer

The debt is a credit card debt. My written response included many objections, but at the hearing I simply argued that the Plaintiff's exhibits were hearsay and that without evidence of a *written* contract, the statute of limitations would be 3 yrs, which had already elapsed by the time the suit began.

The judge first responded by pointing out that I had not yet submitted any signed affidavit affirming that I am not the card holder. I acknowledged his point and expressed hesitation and uncertainty in pursuing such an affidavit. So he gave me 30 days to consult a lawyer.

I then pressed my earlier point about the SOL having elapsed, and the judge said there is *in his mind* evidence of a written contract. I tried to get him to point out the evidence to me, but he suggested that I have a lawyer explain it to me.

Even if I sign an affidavit saying I don't recognize the account, I suspect that alone will not win this case for me, *in the judge's mind*.

Anyone care to comment?

1 Lawyer Answer
Glenn B. Manishin
Glenn B. Manishin
Answered

A: If this is a trial, as opposed to summary judgment or motion to dismiss, an affidavit is inadmissible, so your question is difficult to understand. Get a lawyer, as you are plainly prejudicing your rights by representing yourself.

1 user found this answer helpful

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