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Unsigned Affidavit..


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Massachusetts Rules of Civil Procedure requires that all Appearances and Pleadings be signed:

RULE 11.

APPEARANCES AND PLEADINGS

(a) Signing. Every pleading of a party represented by an attorney shall be signed in his individual name by at least one attorney who is admitted to practice in this Commonwealth. The address of each attorney and his telephone number shall be stated. A party who is not represented by an attorney shall sign his pleadings and state his address and telephone number. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney to a pleading constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is a good ground to support it; and that it is not interposed for delay. If a pleading is not signed, or is signed with intent to defeat the purpose of this Rule, it may be stricken and the action may proceed as though the pleading had not been filed. For a wilful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted.

Does this requirement apply to the Affidavit that was included with the summons?

Thank you in advance!!

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That rule applies to all pleadings filed in the case.. i.e., complaint, motions, summons, notice of filings, responses and objections. Any document prepared by an attorney licensed to practice in MA and filed with the court in a particular matter.

What is the affidavit pertaining to?

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With the Summons it contained an Affidavit of the Debt. The Affidavit of the Debit is unsigned as well as the Statement of Damages form neither is the Uniform Counsel for Civil Cases. The only document that has what can be called a signature (it is an initial) is the complaint itself. All the other documents are unsigned. Should I use this as an Affirmative Defense?

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You need to check your state's rules of evidence to see the requirements of an affidavit. It usually comes under the hearsay exception to business records.

Is it notarized?

In case the affidavit does not comply with all the requirements, you may object to it so it can't be used against you.

delta1 asked you about the affidavit. The specific questions are:

1. Is it from an OC or a JDB/CA?

2. Does it make reference to any attached business records from the OC?

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With the Summons it contained an Affidavit of the Debt. The Affidavit of the Debit is unsigned as well as the Statement of Damages form neither is the Uniform Counsel for Civil Cases. The only document that has what can be called a signature (it is an initial) is the complaint itself. All the other documents are unsigned. Should I use this as an Affirmative Defense?

check the file at the court, those will most likely have the Atty full signature on them, lazy A's just seem to intial copies. or they will be rubber stamped at best

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An affidavit is a sworn statement of fact signed by the declarant under oath and witnessed by notary public. So if the affidavit of indebtness is not signed then it serves no purpose and it is bogus and hearsay.

Search the board for threads on hearsay - there is plenty of information on the subject.

As to the initials on the complaint - that may very well be the attorney's legal signature.

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The Affidavit of Debt references the business records and that he is familiar with them but it does not include any and it is from the attorney.

you will have to ask in discovery for them, then attack the affidavit ect..

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Please keep in mind that "unsigned" is very relative these days. Thanks to President Bill Clinton, an actual signature in ink is no longer necessary for something to have been "signed."

Under the Electronic Signatures in Global and National Commerce Act which was signed into law in 1997, there are a number of methods of validating something is signed, including a simple click on a web-form (as long as certain other things are recorded with the click).

If you are dealing with an electronic signature, then you can attack the foundation of the claim by requiring testimony from their IT staff to ensure the integrity of the data, amongst other things.

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The statement needs to be signed and notarized. However, even if it is - was the affidavit from the OC or the JDB. if the latter, it doesn't matter if it was signed notarized or sealed in blood. It's hearsay, they don't have intimate knowledge of the creation of the debt.

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