mikebzt Posted March 28, 2009 Report Share Posted March 28, 2009 I searched and did not get what I was looking for.I want to file with the courts a sworn denial but am looking for a sample of a sworn denial that I can submit to the court?Could anyone help with this? Link to comment Share on other sites More sharing options...
willingtocope Posted March 28, 2009 Report Share Posted March 28, 2009 Sworn denial of what? Usually, if you're answering the plaintiff's discovery questions, you say things like "I have no knowledge of this account".... Link to comment Share on other sites More sharing options...
mikebzt Posted March 28, 2009 Author Report Share Posted March 28, 2009 this is a cut and pasteThe second step is to file a SWORN DENIAL. This needs to be a statement in WRITING that you FILE with the court where you have been sued. It can be a simple statement, but it needs to be typed, signed, notarized, filed with the clerk of the court and a copy sent to the collection lawyer. It needs to be a graduated denial. In other words, it needs to say, I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount. The sworn denial is a powerful tool. It eliminates the Sworn Affidavit of Account. The vast majority of collection suits proceed without a witness for the creditor The collection attorney enters an affidavit signed by the creditor that the debtor owes the debt and that is this amount. With that affidavit in hand, the court gives the creditor a judgment. When a sworn denial is filed, the debt collection attorney can not rely upon a sworn affidavit of account, but must instead produce a live witness to testify about the debt. The requirement of a live witness changes the dynamic of the collection action considerably. The likelihood that the action will go no further now increases again. Link to comment Share on other sites More sharing options...
willingtocope Posted March 29, 2009 Report Share Posted March 29, 2009 Sorry... cut and paste from who, where? Link to comment Share on other sites More sharing options...
DebtLawRookie Posted March 29, 2009 Report Share Posted March 29, 2009 GENERAL AFFIDAVITState of ______________ County of ________________ BEFORE ME, the undersigned Notary, _____________________________________________ [name of Notary before whom affidavit is sworn], on this _________________ [day of month] day of _________________ [month], 20____, personally appeared _____________________________________________ [name of affiant], known to me to be a credible person and of lawful age, who being by me first duly sworn, on ________ [his or her] oath, deposes and says: I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount.________________________________________________________________________________________________________________________________________________________________________________________________________________________[set forth affiant's statement of facts]__________________________________ [signature of affiant] __________________________________ [typed name of affiant] __________________________________ [address of affiant, line 1] __________________________________ [address of affiant, line 2] Subscribed and sworn to before me, this _________________ [day of month] day of _________________ [month], 20____. NOTARY SEAL:__________________________________ [signature of Notary] __________________________________ [typed name of Notary]NOTARY PUBLICMy commission expires:________________, 20____. Link to comment Share on other sites More sharing options...
mikebzt Posted March 29, 2009 Author Report Share Posted March 29, 2009 This is something I assume I can cut and paste. Have it notarized and submit for the court records?I believe this in fact knocks out their Sworn Affidavit of Account Link to comment Share on other sites More sharing options...
DebtLawRookie Posted March 29, 2009 Report Share Posted March 29, 2009 Im not a lawyer, nor do I offer legal advice, therefore, I assume you are not taking anything I have posted as legal advise. This is for conversational purposes only.IN GENERAL, copy paste sometimes will not work well. When I read things, I consider everything in brackets and parenthesis are there to giude me and I dont include them in the piece I plan on printing out. I also read EVERYTHING about any document that I see posted, and only apply what applies to my situation along with my state's statutes.In reference to the document I provided, it will more than likely apply to your situation.....given you are up to par on your state's statutes and RCP's. What I did was print it (after removing the bracket info, plus the extra lines) and applied my own information.Good luck. Link to comment Share on other sites More sharing options...
DebtLawRookie Posted March 30, 2009 Report Share Posted March 30, 2009 oh, and yes, it gets notarized. Link to comment Share on other sites More sharing options...
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