docniss Posted October 11, 2010 Report Share Posted October 11, 2010 Does an affidavit from an OC hold weight? I know when it comes from a JDB it typically does not or at least you can fight it in court, but what about from the OC? BTW, the documents say "I am an authorized agent of Plaintiff CAPITOL ONE BANK (USA), N.A....." On the second page where it is signed it is only his name, but no indication as to what title he holds with the company. Link to comment Share on other sites More sharing options...
admin Posted October 11, 2010 Report Share Posted October 11, 2010 It's tougher to challenge an affidavit from an OC, but not impossible. Witness the big scandal in the mortgage bankers where they employed "robo-signers" to sign affidavits - sometimes hundreds a day. You can ask for employment record and the number of docs they sign in a day in discovery/ Link to comment Share on other sites More sharing options...
colormeruby Posted October 11, 2010 Report Share Posted October 11, 2010 In my particular instance, the affidavit is highly suspect and I have challenged it. No personal knowledge and Both the Notary and the affiant failed to endorse it properly as required by THEIR state and the state I am in. I cited that. The affidavit is also very general, but refers to documents that are not attached, I cited the laws that require one disclose all docs or the affidavit is insufficient. It also included new account #'s (PLURAL) that seems to be pulled out of thin air, challenged that too. All I can say, is challenge it, cause if you don't now, you can't later. Link to comment Share on other sites More sharing options...
docniss Posted October 11, 2010 Author Report Share Posted October 11, 2010 So I requested discovery back in May, they did not provide saying I did not submit it properly even though in July the judge ordered them to comply with my request, they since have responded, but did not provide any real answers. In June (after I requested discovery) the Plaintiff filed Motion for Summary Judgment. I am in the process of answering that right now, my deadline is this Friday. In that Motion, is the affidavit from the OC as well as photocopies of bank statements with NO account numbers on any of them. Any feedback as I start to Answer the Motion for Summary Judgment? Link to comment Share on other sites More sharing options...
figures2000 Posted October 11, 2010 Report Share Posted October 11, 2010 I have the same type of Affidavit and my trial is this friday... I have read some local caselaw and the Affidavit has to come with some vaild supporting docs to show proof of assignment... mine comes with a blank bill of sale and 6 old statements... the Affidavit says contract was destroyed and its based off computer records and at the bottom it says that to the best of affiants knowledge.. I dont see how that is personal knowledge... Also I think the Statements have to Authenticated... mine are just copies Link to comment Share on other sites More sharing options...
BV80 Posted October 11, 2010 Report Share Posted October 11, 2010 Figures2000,That affiant has no knowledge of the record keeping of the OC. He/she has no way of knowing if the copies of the statements are true and correct or if the balance of the alleged debt is correct. mine comes with a blank bill of saleHow the heck have they proven they own the debt? There's nothing that shows they purchased any specific debt allegedly owed by you. You said "old statements". Is the debt still within the SOL? Link to comment Share on other sites More sharing options...
figures2000 Posted October 11, 2010 Report Share Posted October 11, 2010 (edited) Figures2000,That affiant has no knowledge of the record keeping of the OC. He/she has no way of knowing if the copies of the statements are true and correct or if the balance of the alleged debt is correct. How the heck have they proven they own the debt? There's nothing that shows they purchased any specific debt allegedly owed by you. You said "old statements". Is the debt still within the SOL?there proof is the Affidvit the bill of sale and 6 old statements... that is not vaild proof... I know it... but they have not dissmissed the case as of yet.. yea its within the Sol... I am going to object to it as inadmissible hearsay, the Affidavit does not provide sufficient Supporting Documents to Support a valid assignment ... the Plaintiff has no Standing" and I also have some local caselaw to help support my claim Edited October 11, 2010 by figures2000 Link to comment Share on other sites More sharing options...
figures2000 Posted October 11, 2010 Report Share Posted October 11, 2010 they just called my house trying to settle before the trial on friday Link to comment Share on other sites More sharing options...
KentWA Posted October 11, 2010 Report Share Posted October 11, 2010 I just ran across this over the week-end and it may help you out. I have not seen this document before from Edelman, Combs site and it has a ton of information about affidavits:http://www.edcombs.com/CM/News/collection%20defense%20debt%20buyer.pdf Link to comment Share on other sites More sharing options...
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