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DefendantNewb

Please Help- Drafting Counter-Affidavit

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Does anyone have an example of how to properly draft a Counter-Affidavit?

I'm wondering if you treat a Counter-Affidavit as you would an Answer- in that, you address each numbered paragraph in the Plaintiff's Affidavit, and state why you disagree/why their claims are invalid. Or, do you create your own numbered paragraphs and state reasons why the Plaintiff's Affidavit is invalid? Should you request that the Plaintiff's Affidavit be stricken at the end? Is a Counter-Affidavit filed as a counterclaim or a motion, to strike?

Thank you to anyone to might have any advice xheadscratchx

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Sorry I don't have an answer but have the same question you do.

I was hoping that by responding it would bump it to the top again so someone may see it and be able to help.

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Nancy- I filed the Counter-Affidavit (simply named) along with my Answer today. In it, I basically addressed each allegation made in the Plaintiff's Affidavit, and stated reasons why I deny the claims. I also threw in my two cents and stated Hearsay, (my only legitimate legal argument thus far, which isn't good) and made a few references to my rights as per the Fair Debt Collection Practices Act. What I would suggest is citing real cases that pertain to your state and your case specifics, in which the outcome was found in the Defendant's favor. I would also read up on your state's procedural rules, these are very important. For example, today I found out that in my state, filing for Discovery is premature in that the Plaintiff can deny it until the judge grants it. (Unless the Plaintiff agrees to it, which they won't, they want to do as little work as possible and get a summary judgement). So I almost wasted $20 filing a motion that they would have ignored, because they can. On a positive note, it didn't cost me a dime to file my Answer or my Counter-Affidavit.. which was surprising. I'm relieved thus far.

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I believe all you have to say is that you deny the debt and the allegations in the plaintiff's affidavit of debt. If they supplied anything else for their "proof" - credit card statements, you can deny receiving them - if they supply a payment history - you can deny making the payments. It's just your turn to put down where you stand on the subject. I think it's just like a sworn denial - just make your statement of denial and then sign it before a notary and have them put their stamp on it and file with the court.

You can read some good information here - http://www.creditinfocenter.com/forums/there-lawyer-house/306328-my-thoughts-account-stated-mi-general.html

If you didn't file the affidavit with your answer, I'd call immediately and see if they will still allow you to file. :)++

Edited by Linda7

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And in reading more in that thread, I would think if the court won't allow you to file it now, you can still argue that you didn't need to file your affidavit "if" you can find where the plaintiff's affidavit failed in some way - like maybe their affiant signed too long before the complaint was filed. They are supposed to sign "within" ten days, but a lot of them sign long before that, which renders the plaintiff's affidavit legally insufficient - if you point that out. I'd file a motion to strike their affidavit for hearsay, etc., and most definitely include anything that you find where their affidavit fails, like missing the 10 day signing time! MCL 600.2145 :)++

Edited by Linda7

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