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Affidavit Question


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I just got served yesterday and as I was looking over the paperwork I noticed the affidavit wasn't notarized, does that matter. Also they sent some generic card agreement, nothing with my name on it.

Sorry these may be stupid questions but this is the first time I've been through this. Do I need to file anything or just show up at court?

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I just got served yesterday and as I was looking over the paperwork I noticed the affidavit wasn't notarized, does that matter. Also they sent some generic card agreement, nothing with my name on it.

Sorry these may be stupid questions but this is the first time I've been through this. Do I need to file anything or just show up at court?

An affidavit is supposed to be notarized. The generic card agreement is common. The purpose of the cc agreement is to show that use of the card indicates your agreement with the terms and conditions. The only thing they might have with your name on it is cc statements. Well, they might possibly an application if you ever signed one.

Read your court's Rules of Civil Procedure. They'll have the information you need to answer the Complaint. In case you have more questions, it would help if you would copy and answer the questions in the following link:

http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html

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Thank you for the reply and here is the answer to the questions...

1. Who is the named plaintiff in the suit?

Capital One Bank (USA) N.A.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Blatt, Hassenmiller, Leibaker and Moore LLC

3. How much are you being sued for?

$2052.67

4. Who is the original creditor? (if not the Plaintiff)

Plantiff

5. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door)

Notice on door of exwife house

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

Not sure

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None

9. What state and county do you live in?

Hamilton county Indiana

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

6-4-07

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Suit filed in small claims court

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

I have a court date of March 28th, the area that the sheriff is supposed to fill out "Sheriff's Return of notice of claim" wasnt fill out"

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Affidavit signed by Lara Letllier on 2/16/11, not notarized (yes it says 2/16/11 not 12). Military Status report and Customer agreement.

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Something I'm not sure I understand as I read through the forum...I keep reading about filing an answer to the summons, I don't see anything in my paperwork about filing a response, just a court date and time. Do I need to respond, all I have to respond to is an non-notarized affidavit.

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Thanks for the info been reading through it...I'm guessing my best argument is that the affidavit is hearsay since it's not notarized.

Even if it was notarized, an affidavit could still be hearsay. It's possible that without notarization, it's not a valid affidavit. But I'm not sure that's something you'd argue in your Answer to the Complaint.

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So I have to provide a response and not just be there in small claims court? I didn't see anything in the paperwork that I need to respond...Also I noticed looking online this lara person signs her name in many different ways.

never mind on the edit

Edited by hereIam
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So I have to provide a response and not just be there in small claims court? I didn't see anything in the paperwork that I need to respond...Also I noticed looking online this lara person signs her name in many different ways.

Also...Does this mean that the debt buyer can't represent themselves?

Appearance. Any assigned or purchased claim, or any debt acquired from the real party in interest by a third party cannot be presented or defended by said third party unless this third party is represented by counsel. In all other cases, the following rules shall apply:

Your not being sued by a debt buyer. The Plaintiff is the original creditor.

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Yeah thanks just realized as I posted it...

Thing with this whole thing is I really don't remember ever having a capitol one card, I've ordered a copy of my credit report to check so I have no idea if any of the info provided is correct and they provide no info to prove it is. Based on the paperwork I have I feel like I should just show up and argue that and not file any type of response if I don't have to.

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