affidavit of debt

[teresminor]

Hi

(lost my post, so if this is a duplicate, my apologies)

I have been served with a summons and just read your article on affidavit of debt and cannot find one attached to the summons.

All I see is the summons, instructions to answer, cause of action, etc and attorney scribble.

Are these affidavit of debt always supposed to be attached to the summons or asked for in Discovery?

Anyone have an actual affidavit of debt or link where I can see what one looks like.

Would like to strike.

Much appreciated,

Teres

[BV80]

Check post #23 of the following link. Scroll down and you'll see an Affidavit of Account. Not all affidavits are that long, but they pretty much say the same thing. Note that an affidavit should be notarized.

http://www.creditinfocenter.com/forums/there-lawyer-house/311917-midland-funding-jdb-vs-me-post-2.html

[teresminor]

BV80,

Thank you so much for that quick reply. At least I now know what to look for. That,or nothing like it, was attached to the summons or the DV stuff they sent. Is that the norm? Not sure if they are required by law to include it.

If I wanted to get a hold of it would I ask for it in request for production of docs, or (oh how I wish) is their not including it some kind of violation?

This particular OC is being sued for a Debt Validation Robo-signing in class action (that I am not a party to) and I was hoping to see who signed my affidavit.

Thanks again!!

Teres

[BV80]

I don't know if the court rules in NY require an affidavit to be attached to be included with the Complaint, or not. I suppose they could end up sending one later. I wouldn't ask for one though. If they don't know to send an affidavit of debt/account, that's their problem.

[teresminor]

Yeah, I am going to look up those laws.

Thanks Again!!