Motion to Strike

eokorie · 10-25-2007, 01:53 PM

Would anyone happen to know how to word a motion to strike? I keep leaning towards it being hearsay but don't i have to quote a legal reference. I don't even know where to find one.

vialna · 10-25-2007, 02:08 PM

do u have a law library near you...most courthouses have law librarys...you can go there and search motion to strike..and see how they are written and make yours similar...i do believe that a affadavit..is wht the persons statement is is hearsay...unless she is from the office of the original creditor who has personal knowledge of ALL transactions at that office...most times it is not...also is it notarized...if so in what state was the notary....this may help...also you could find case law at the same place ...hope this helps.

eokorie · 10-25-2007, 02:34 PM

Thank you. That is what I was thinking. She is from the company that is suing me, they are the current owner according to her statement. No notarized signature.

Enigma · 10-25-2007, 02:47 PM

I would REALLY talk to an attorney. That being said, what is it you want to strike, why do you want to strike it? How do you know it is hearsay? What do your local rules say?

eokorie · 10-25-2007, 03:34 PM

I would like to have her statement removed. So far it is the only thing they have produced. They used the affidavit to claim that I made purchases and that there is an amount owed