Affidavit of Indebtedness: Required to Dispute BEFORE Court?

[whoisjohnny2004]

Hello everyone,

I have a quick question...

If a CA sends an "Affidavit of Indebtedness" on an alleged debt only after 2 DV letters have been sent demanding validation (and NOTHING else...with no response), does the alleged debtor HAVE to dispute this IN WRITING before being taken to court / served with a summons for it to be thrown out as evidence later?

Or can a alleged debtor dispute this affidavit of indebtedness later (e.g. after a summons, etc.) as well?

My wife has a Junk-Debt CA trying to collect on a debt that is beyond the SOL in her home state (FL) and this JDB CA has already incurred numerous FDCPA violations (reaging, overshadowing, reporting incorrect amounts, refusing to validate within the initial 30 days of first communication, etc.). She had sent them 2 DV letters demanding deletion or validation and the CA did not respond, only to eventually (3 months or so later) sent 1 sheet of paper (the affidavit). 2-3 months after their affidavit, they then sent a letter saying that if the alleged debt was not paid within 10 days from the date of the letter that she would be sued.

Any help/advice on how to handle this (e.g. ITS letter? Expired SOL letter? etc.) would be most appreciated, as well as advice on how to get the bogus 'affidavit of indebtedness' thrown out if they ever DO decide to try and pursue this in court. Thanks again, everyone!

-Learning the ropes (slowly)

[LadynRed]

Definitely disupte the bogus affidavit NOW - you need to have a record of your rejection of it before anything goes to court.

If the debt is beyond the SOL, then send the cease and desist letter/SOL notification.

[whoisjohnny2004]

What if it is 4+ years since the DOLA but LESS than 5 years in the state of FL? Should I still send the expired SOL letter or should I just send a "rejection" of their bogus affidavit?

NOTE: Is it possible to send a rejection of their affidavit AFTER sending the expired SOL letter? (My wife said she sent them 'something like the expired SOL letter'...I have to read over it when I get home to see exactly WHAT it says specifically...)

Also, if it turns out that she has ALREADY sent in the expired SOL for a 4+ year old debt, can she still dispute this later (e.g. after a summons but BEFORE it goes to court)?

Thanks for your help, LadyNRed and all other kind advice givers!