Legal Question in Credit and Debt Law in Texas
Hello. I am currently in the middle of a civil debt collection case. We are nearing the end of the discovery period and will soon be setting a trial date. I received opposing counsel's responses to my discovery requests, and amongst the papers are dozens upon dozens of credit card statements going back about 4-5 years. Now, these statements were for a credit card that belonged to my now-deceased wife (the card has long since been paid off in full). Each and every statement was ORIGINALLY addressed to her (with her name) and addressed to the apartment we were living in at the time. Since then, I have moved. My question is.... EVERY single statement sent to me (packaged with opposing counsel's responses to my requests) has been changed to show MY NAME and my NEW ADDRESS. Keep in mind that the vast majority of these old statements are dated years before I ever moved AND were for my wife, the cardholder. As this is discovery responses, no filing to the court was necessary, however counsel has filed all of this paperwork regardless. How should I contest this? Does this call for a formal "Motion", or can I simply argue the legitimacy of the documents at trial? Thank you very much for your time. Any help would be greatly appreciated.
1 Answer from Attorneys
I would file a motion to get this evidence stricken. You really need to hire a litigator for this.
Best of Luck
Greg Wiley
www.dallas-fortworthbankruptcy.com