donzzz Posted March 10, 2007 Report Share Posted March 10, 2007 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]STATE OF VIRGINIA \ CITY OF VIRGINIA BEACH \LOST INSTRUMENT AFFIDAVIT Before me, the undersigned, a Notary Public in and for said City and State, came PATTIHUGHES, 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.HOUSEHOLD BANK F.S.B.C /-By: /liName: PATTI HUGHESTitle: RECOVERY SPECIALISTSWORN TO BEFORE ME and subscribed in my presence in the State Aforesaid this If? day ofNotary 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.donz Link to comment Share on other sites More sharing options...
qtptute Posted March 10, 2007 Report Share Posted March 10, 2007 I doesn't prove jack.Something with your signature would prove that it MAY be yours. Proof that they actually purchased the debt in whole would be another that THEY own the debt. Link to comment Share on other sites More sharing options...
donzzz Posted March 10, 2007 Author Report Share Posted March 10, 2007 Is that flaw sufficient to dispute (or set aside) the judgment? Link to comment Share on other sites More sharing options...
Tazjeepcj7 Posted March 10, 2007 Report Share Posted March 10, 2007 Did Household sue you or did a JDB use the Household affadivit against you? Link to comment Share on other sites More sharing options...
IHateCAs Posted March 10, 2007 Report Share Posted March 10, 2007 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). Link to comment Share on other sites More sharing options...
divemedic Posted March 10, 2007 Report Share Posted March 10, 2007 The first thing is to look into getting the judgment vacated. No small task. Link to comment Share on other sites More sharing options...
donzzz Posted March 10, 2007 Author Report Share Posted March 10, 2007 Did Household sue you or did a JDB use the Household affadivit against you?What is a JDB? It was a lawfirm.donz Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted March 10, 2007 Report Share Posted March 10, 2007 JDB = Junk Debt Buyer.They bought the account from the original creditor for pennies on the dollar hoping to collect the full amount at huge profit. Link to comment Share on other sites More sharing options...
rella5 Posted March 10, 2007 Report Share Posted March 10, 2007 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? Link to comment Share on other sites More sharing options...
donzzz Posted March 11, 2007 Author Report Share Posted March 11, 2007 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. Link to comment Share on other sites More sharing options...
rella5 Posted March 12, 2007 Report Share Posted March 12, 2007 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. Link to comment Share on other sites More sharing options...
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