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When to address Affidavit?


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I'm preparing to file an answer to a summons/complaint by an attorney representing the OC.

They included an Affidavit stating the original account balance, and that it was charged off at that balance.

However, my credit report stated it was charged off at about half that balance, which is the amount the lawsuit is claiming.

Why was this affidavit included, and do I mention it in my answer, or address it at some point later? I've read several posts regarding affidavits, but not sure quite how to handle this one best.

Thanks for all the help everyone!

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I'm preparing to file an answer to a summons/complaint by an attorney representing the OC.

They included an Affidavit stating the original account balance, and that it was charged off at that balance.

However, my credit report stated it was charged off at about half that balance, which is the amount the lawsuit is claiming.

Why was this affidavit included, and do I mention it in my answer, or address it at some point later? I've read several posts regarding affidavits, but not sure quite how to handle this one best.

Thanks for all the help everyone!

A cc company will continue to charge interest after an account is charged. By the time they sue or sell the account, the balance will be higher than the charged off amount.

The affidavit was included because many courts require an affidavit with the Complaint. No, you don't have to reference it in your answer unless it was mentioned in the allegations. It would depend upon the allegation.

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The affidavit was included because many courts require an affidavit with the Complaint. No, you don't have to reference it in your answer unless it was mentioned in the allegations. It would depend upon the allegation.

Do I need to file a motion to strike the affidavit? Will they use it against me in any way later on?

Thanks!

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Do I need to file a motion to strike the affidavit? Will they use it against me in any way later on?

Thanks!

It's difficult to get an affidavit stricken. It depends upon what the affiant states in that document. If they're merely attesting to the fact that you owe the debt, the amount is correct, etc., depending upon your Rules of Evidence, it's hard to find a solid reason for the judge to strike it.

However, depending upon how the case proceeds, you could object to the affidavit. In fact, at some point, you object to anything and everything they submit as evidence.

If you want, you can post the affidavit word for word, leaving out your identifying information. That way, members can offer suggestions.

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You could, but based on what grounds?

The affidavit says the account was charged off in the amount of $5555.55 (or thereabouts, not posting exact details). However, my CR says it was charged off in the amount of $2222.22 (about) and that is the amout being claimed in the lawsuit.

Just concerned that they may attempt to ask for that higher amount, or use that as grounds to not negociate on settling the lower amount.

I just wasn't sure the purpose of the affidavit, and have heard many people here talking about having it struck. Just trying to learn what this is all about, I have never done this before.

Thanks.

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