Can a affidavit of debt be thrown out of court?
Can a affidavit of debt be thrown out of court?
You will lose if this happens. Fortunately, most of the time these affidavits are fraudulent or contain false evidence, but you must file a motion to strike so that this evidence can get thrown out of court. Here is an example of an affidavit of debt:
When to respond to a debt collection lawsuit?
Worse, the collector may be able to add attorney’s fees, court costs or interest to the balance. In some cases, the balance can double or triple due to these additional costs. Responding to a debt collection lawsuit, then, is a must. Once the plaintiff (the collection agency or creditor) files a lawsuit, the matter is put before the court.
Can a debt collector file a notarized affidavit?
Note: These affidavits are sometimes notarized, but their validity is unchanged whether or not this is the case. If you, the Defendant, do not object to this affidavit, the court will assume the debt is valid and the debt collector will have the right to sue you, and the suit is proper. You will lose if this happens.
What happens if you lose a case with a debt collector?
Your case hinges on the debt collector being unable to prove you actually owe the money. If you lose that edge, the debt collector can win and get access to garnish wages or withdraw funds from your bank account. Instead, remain calm and professional and focus your case on questioning the documentation that proves the debt is yours.
What happens if you do not file an affidavit of debt?
If you, the Defendant, do not object to this affidavit, the court will assume the debt is valid and the debt collector will have the right to sue you, and the suit is proper. You will lose if this happens.
Note: These affidavits are sometimes notarized, but their validity is unchanged whether or not this is the case. If you, the Defendant, do not object to this affidavit, the court will assume the debt is valid and the debt collector will have the right to sue you, and the suit is proper. You will lose if this happens.
Worse, the collector may be able to add attorney’s fees, court costs or interest to the balance. In some cases, the balance can double or triple due to these additional costs. Responding to a debt collection lawsuit, then, is a must. Once the plaintiff (the collection agency or creditor) files a lawsuit, the matter is put before the court.
What makes an affidavit of debt a sworn statement?
An affidavit is a sworn statement in writing, so therefore, an affidavit of debt is a sworn statement from an employee of the Plaintiff (i.e., collection agency) stating they are intimately familiar and/or aware of the methods of record keeping at the original creditor concerning the debt in question,…