Posted by Robert on 1/12/06

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A friend was just served with a S & C for an old credit
card debit. She needs to have an attorney get an answer
filed ASAP for her, however, I noticed that an affidavit
was filed as part of the S & C, the affidavit states:

"The note or other written evidence of indebtedness in
this matter has been destroyed, lost or is inaccessible"

Also, this agent for the creditor states:
"If called as a witness, I can testify competently to the
facts contained herein."

If I were the Defendant, I guess I would want the
Creditors Agent to testify...

Also, how good is a case where the creditor can not
validate the debit with a signed contract?

Michigan 52-3 District (Rochester, MI)

Just curious...?

Thanks, Robert

Re: Credit Card Collection Action - Summons Received, 1/13/06, by Carol.

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