When is the proper time to file a Sworn Denial?

[basketcase]

* filed my answer and sent Discovery on the 19th day.

* Plaintiff sent me Discovery and Disclosure Statement but still have not

answered mine and it is now past the time allowed by the court).

* Oops...I filed my Disclosure Statement two days late (trying so hard to do

everything right and I misunderstood and thought only the Plaintiff had to

file it).

* Mailed a letter as well as sent via fax a "Good Faith Letter" reminding them

that I have not recv'd my Discovery back yet.

* I have not recieved any affidavits, attachments, account #'s, absolutely

nothing on the Complaint or with the Disclosure.

So I am trying to understand this "Sworn Denial" thing. My complaint does have an "Account Stated" paragraph. And I keep seeing posts that say you need to file a Sworn Denial when you have the Account Stated. But I am not seeing the proper time to file this.

Did I have to file it with my answer?

Can I only file it after I have received an affidavit?

Does it have to be filed with a motion or anything else?

Can someone point me to a post that will give me more specifics on when to file it or give me a clue how to proceed with this?

BTW do you thing they will file a motion because my Disclosure was two days late and if they do what can I do?

I'm in AZ.

[daybyday]

Affidavit of Sworn Denial should be filed as your answer to summons.

IMO - when you receive a demand letter, you should answer with a sworn denial. You just don't need to notorize it.

In your situation, file asap, so long as it doesn't conflict with the answer you already submitted.

DEFENDANT AFFIDAVIT OF DENIAL

COMES NOW Defendant and for its cause of action in contradiction of Plaintiff states:

I deny the debt alleged is mine 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 alleged by the Plaintiff is the correct amount and if the amount is correct, I deny the charges are fair and reasonable.

_____________________________________

Defendant

On this ______ day of ________________, 2010, before the undersigned Notary Public in and

for the State of ____________, personally appeared _______________, known to me to be the

person who executed this Affidavit.

_____________________________________

Notary Public

My commission expires:

*

[basketcase]

Thank you, daybyday...heading out the door right now to file this.