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Affidavits Denial of Debt


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Denial of Debt affidavit

Is submitting a denial of debt counter affidavit something that should be done in all circumstances when contesting a credit card debt?

I've seen mixed reviews in different places about the need to do that and wanted to know what the thoughts were on these graduated denials

I had to try maybe 10 times today before I could post a new thread, very very frustrating

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An affidavit is someone telling the court that what they say is the honest truth. Granted OC's and JDB's abuse this concept, but...if you get sued and deny the debt in an affidavit and they get docs from the OC that are signed off by the custodian of records, you'd perjur yourself. If you know for certain that the debt is not yours or out of SOL or has changed hands among a few JDB's then such an affidavit might be beneficial.

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An affidavit is someone telling the court that what they say is the honest truth. Granted OC's and JDB's abuse this concept, but...if you get sued and deny the debt in an affidavit and they get docs from the OC that are signed off by the custodian of records, you'd perjur yourself. If you know for certain that the debt is not yours or out of SOL or has changed hands among a few JDB's then such an affidavit might be beneficial.

It's very true that you shouldn't lie in an affidavit (event though JDB's do it as a standard practice). However...suppose you are slapped with a lawsuit from a Junk Debt Buyer or even an OC that you don't have enough info about. The typical JDB word processor generated affidavit and complaint. Suppose you genuinely don't have enough information about the debt at the time you file your answer.

Is filing an affidavit that basically says you don't recognize the debt and don't have enough information about it to admit it perjury? I don't think so.

In my case I didn't recognize the alleged cc or debt. I had to file an affidavit denying their affidavit of debt. However I didn't want to even accidently perjur myself if the plaintiff somehow showed the alleged debt was actually a long forgotten cc from the past. Probably even more likely. I didn't want to be accused of perjury in the event the scumbags put their computer documentation skills to work and manufactured evidence to link me to a debt that isn't mine. In my paranoia I wanted to cover all scenarios as much as possible. These idiots junk debt buyers make up the rules (and their proof) as they go...so you really can't put anything past them.

I basically filed an affidavit telling the truth: I denied the debt because I had no knowledge or recollection of the debt, I didn't have any further information available on it, and the plaintiff has failed to provide we with it when I requested it.

If you flat out lie and tell the court a debt isn't yours and then the plaintiff shows it is..you could be slapped with contempt or perjury. However if you make a 100% truthful and accurate statement that you lack sufficient knowledge or information in your possession or control at the present time to admit to the debt and thus deny it on that basis...is that perjury?

Edited by SingleDadJames
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Denial of Debt affidavit

Is submitting a denial of debt counter affidavit something that should be done in all circumstances when contesting a credit card debt?

I've seen mixed reviews in different places about the need to do that and wanted to know what the thoughts were on these graduated denials

I had to try maybe 10 times today before I could post a new thread, very very frustrating

I think the OP is asking for opinions regarding using the "graduated denial"

Comes now the Defendant, and hereby states in this, the Defendant's sworn affidavit that the affiant denies that the alleged debt is the affiant's debt and that if it is the affiant's debt denies that it is still a valid debt and if it is a valid debt denies the amount sued for is the correct amount.

It seems that it's safe to make this statement under oath because the exact amount sued for is not likely to match the exact amount that could be proven were the matter proceed all the way through trial.

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