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?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.