Next step after receiving an affidavit of debt?

[jjw3038]

I am concerned as to my next step to take. To explain what has happened so far; The original debt was with Capital One which made Portfolio Recovery Assoc. it's account assignee. A law firm acting on PRC's behalf is trying to collect this debt. A letter was sent to this law firm asking for validation of this debt mid July. The law firm did not reply until late September.

Their reply consists of a copy of a notarized affidavit from an employee of PRC stating Capital One Bank (account seller) has sold, assigned, and transferred interest in the debt to PRC (account assignee). Also enclosed is a copy of a Capital One cycle facsimile report that contains various account information that is hard for an individual to comprehend not versed in reading such "reports".

My question is: Does this constitute acceptable validation of the debt? What would my next action be if it is, or is not? Thank you.

[ezrunner]

after my bit of time here my understanding in most cases is that the Affidavit of Debt is a trick JDB's like to use. Most of my readings here indicate that this is not proper validation and that it can probably be thrown out in court as hearsay. I am by no means an expert. If the affidavit is signed by an employee of PRC and not the OC it holds little, in fact no weight.

before you decide to ignore I recommend waiting for some more experienced members thoughts

[db1928]

I concur with the last poster about the affidavit as it is not from the OC and their original account with you. the JDB can not affirm your balance and account and to how it was handled with the OC as they are unfamiliar with the OCs business practices and nver worked there. This affidavit would be deemed hearsay when challenged in court with the proper case laws to back it up.

[docniss]

How does the whole affidavit stuff work if the affidavit is from the OC? It only indicate she/she is an authorized agent of Plaintiff, Cap One and where it is signed it only has his name, no title as to his position with Cap One.

[Massive]

How does the whole affidavit stuff work if the affidavit is from the OC? It only indicate she/she is an authorized agent of Plaintiff, Cap One and where it is signed it only has his name, no title as to his position with Cap One.

If a junk debt buyer provides an affidavit of debt from an "employee" of the original creditor it would still be inadmissible due to lacking foundation.