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The following affidavit was used to obtain a judgement against my wife.

I have changed her name to John Doe in the text for security purposes.

[begin text]


LOST INSTRUMENT AFFIDAVIT Before me, the undersigned, a Notary Public in and for said City and State, came PATTI

HUGHES, who being duly sworn, deposes and states that he/she is the RECOVERY SPECIALIST for HOUSEHOLD BANK F.S.B. and makes the within Affidavit in support of the Complaint in the case captioned HOUSEHOLD BANK F.S.B. v. JOHN DOE. Affiant states that the instrument through which the debt of JOHN DOE, is documented has been lost or destroyed. Affiant further states that the records of HOUSEHOLD BANK F.S.B. , namely the computer data and the computer data output, evidence that there is a debt on a note due and owing to HOUSEHOLD BANK F.S.B. in the amount of $6,942.24 plus interest at the rate of 29.89% per annum from the October 1, 2004 until the date of judgment until paid, attorney's fees, and the cost of this proceeding. I am unable to determine whether or not the Defendant is in the military.


C /-

By: /




SWORN TO BEFORE ME and subscribed in my presence in the State Aforesaid this If? day of

Notary Public My commission expires: t^/Z/ /t> $ _______

Your file number: 95 130 100 11 2209 ' / Our file number: 20150473

[end text]

The question is:

Is this affidavit sufficient to satisfy the requirements of the FCRA/FDCPA?

The affidavit admits that they do not have the reords to prove (validate) the debt or the interest or payment history.


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Generally you'd only want to use a lost/destroyed instrument if you were within the SOL for written instruments and out of it for "other" contracts. However, being only 2 years out, it's irrelevant. Your wife could've been sued on all sorts of theories that are not past SOL.

Also, the FDCPA is irrelevant since there is no CA involved (it looks like).

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did your wife appear in court or did they get the judgement by default. If she did appear in court did the judge grant the judgement based on that affadavit?

It whas a default. We never received the notice of hearing but one was delivered to our workplace by a deputy sherrif. Had I seen it, I would have gone to court and disputed it.

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so.. maybe thats where you start with getting the judgement vacated, and the worthless affadavit. Keep researching the forum and maybe consult an atty. I believe qtptute is not too far up the road from you and I and she may be able to refer someone to you.

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