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combingwyoming

amended affidavit of indebtedness and acknowledgement of assignment?

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Hi Friends,

My wife is being sued in Wyoming for 10K from a JDB based in Colorado. I have several questions that I could use some help with.

The original suit they sent her listed an OC in the affidavit that she did not recognize. She responded to the suit denying the debt and requesting a contract, account statements and purchase receipts to prove the amount of the debt.

A month later they revised the affidavit with a "Motion For Leave of Court To Amend Plaintiff's Exhibit A To The Original Complaint and Amended Affidavit of Indebtedness Pursuant to WRCP 15 (a). This motion was filed to change the affidavit to include a different OC and the revised affidavit is titled "Amended Affidavit of Indebtedness and Acknowledgement of Assignment". The new affidavit has the same fellow who swore and affirmed under oath that my wife owed 10K of debt from one OC is now swearing that she owes 10K from a different OC.

1. Does that legally disqualify the author of the affidavit and should my wife file a Motion to Strike Affidavit of Debt?

2. The affidavit is written by Ryan, the President of the company who allegedly bought the debt from the OC. The plaintiff in the suit however is a third party who bought the debt from Ryan's company. I did a google search and noticed that Ryan is also the VP of the plaintiff's JDB company. This is not mentioned anywhere in the suit. Is it legally OK to sign an affidavit as the middle owner of the debt without a disclaimer that you work for the plaintiff? If not, how would my wife bring this to the courts attention?

3. Does the "Motion For Leave of Court" mean that the set court date for pre-trial is now being postponed?

4. My wife is in her third trimester of pregnancy and would prefer if I represented her in court. How can I do that?

Thank you very much for any guidance you can provide and please let me know if you have any follow up questions.

CombingWyoming

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I can't answer the other stuff, but I did a power of attorney where my father signed over and gave me POA for all legal proceedings.  I was then able to act in his behalf on a court case.  Check your rules of civil procedure to see if Wyoming allows that.  or call the court, the clerk may know. 

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Thank you Shelli. I will call the court clerk and ask. Have you ever heard of an "amended affidavit of indebtedness and acknowledgement of assignment" in a debt collection suit?

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I did a google search and there is no exact match for this term "Amended Affidavit of Indebtedness and Acknowledgement of Assignment"

(except this forum topic).  However, you can withdraw or amend any court document.  I don't think it disqualifies the original affidavit.  Just my opinion.  

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@admin

 

In most affidavits, affiants swear that they've reviewed the records and everything is correct.  Obviously, this affiant didn't do too much, if any, reviewing.

 

An affidavit is a sworn statement and made under oath.  If the affiant made that statement in the first affidavit, I'm wondering if the poster can use that fact to cast doubt on creditibility and trustworthiness of both the affiant and the JDB?  

 

If the incorrect information had been the poster's middle initial or possibly one of the numbers in the amount claimed was inaccurate, that wouldn't be a biggie.  However, I'd argue that the identity of the original creditor goes to heart of this case.  The JDB has claimed to have purchased the account from the OC thereby giving the JDB standing to sue.  Either the affiant, who also happens to be president of the company, doesn't know from whom the account was purchased, or he didn't read or review diddly.  Then there's the possibility that it's a preprinted affidavit that contains the president's signature.

 

Of course, the poster can't prove any of those possibilities, but I'd at least argue that the affiant's credibility is in doubt.

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Thank you Admin very much. Below is what I found when searching google about amending an affidavit (see middle paragraph). If anyone has any suggestions of what/if/how my wife should file anything else [in addition to denying the debt], please let me know.

An affidavit, like all other pleadings, can be amended. Contents of an affidavit can be struck out or added. Errors in the form of the affidavit can also be rectified by amendment. For example, where the date of the affiant’s signature and the date of the notary’s attestation differ, the error is an amendable defect and does not make the affidavit void. Similarly, a failure to sign an affidavit in the presence of a notary public is an amendable defect and does not make the affidavit void.

However, if the defect is in the substance of the affidavit, the court will have to allow an opportunity to amend the affidavit. The court may strike out hearsay testimony, legal conclusions, and irrelevant information without providing an opportunity to amend.

The court may also in its discretion extend the time for filing amendments to a defective affidavit.

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From what I can tell reading online is that amended affidavits of debt mostly occur during bankruptcy cases.  

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@BV80 @admin @shellieh98 Thank you so very much for your input and guidance. Below I copied and pasted the questions that were relevant to my wife's case and tried to respond without giving too much personal info which could potentially hurt us. I dont have too much time before my case goes to trial so any advice, particularly if/what/how I should file anything, would be greatly appreciated. Thank you again for all of your help.

 

3. How much are you being sued for? APPROXIMATELY 10K

 

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

 

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

 

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

 

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? WYOMING

 

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). MY WIFE WAS SERVED. THE SUIT INCLUDED AN EXHIBIT WITH A GENERIC EXCEL STYLE 1 LINE ACCOUNT BALANCE WITH THE AMOUNT OF PRINCIPAL AND INTEREST BUT NO REFERENCE TO MY WIFE. THE SUIT ALSO INCLUDED AN AFFIDAVIT SIGNED BY A JDB PRESIDENT RYAN (REFERENCED IN MY ORIGINAL POST) WHICH INCLUDED MY WIFE'S NAME ON IT. BOTH THE EXHIBIT AND THE AFFIDAVIT INCLUDED THE SAME OC. SHE DENIED ALL COMPLAINTS AND DEMANDED STRICT PROOF. TRIAL DATE WAS SET AND THEN THE ATTORNEY FOR THE PLAINTIFF ASKED TO RESCHEDULE THE DATE FOR PERSONAL REASONS. A NEW TRIAL DATE WAS SET. MY WIFE THEN RECEIVED DISCLOSURE STATEMENTS FROM THE PLAINTIFF AND A REQUEST TO FILE HER DISCLOSURE STATEMENTS. SHE DID NOT RESPOND TO THOSE YET (AND COULD USE SOME KNOW-HOW). SHE ALSO RECEIVED FROM THE PLAINTIFF A MOTION FOR LEAVE OF COURT TO AMEND PLAINTIFFS EXHIBIT A TO THE ORIGINAL COMPLAINT AND AMENDED AFFIDAVIT OF INDEBTEDNESS. THIS MOTION SOUGHT TO CHANGE THE OC IN THE ORIGINAL COMPLAINT TO A NEW OC. FOR THIS CHANGE THEY ADDED A NEW GENERIC EXCEL STYLE 1 LINE ACCOUNT BALANCE WITH THE AMOUNT OF PRINCIPAL AND INTEREST BUT NO REFERENCE TO MY WIFE. THEY ALSO ADDED A NEW AFFIDAVIT FROM THE SAME AFFIANT (RYAN) AS BEFORE. THEY ALSO ADDED TWO ADDITIONAL AFFIDAVITS, ONE THAT SHOWS THAT THE OC SOLD THOUSANDS OF ACCOUNTS FOR MILLIONS OF DOLLARS TO JDB #1 AND A SECOND AFFIDAVIT THAT SHOWS THAT JDB #1 SOLD DEBT TO THE JDB WHERE RYAN IS PRESIDENT (NEITHER OF THE LATER 2 AFFIDAVITS MENTION MY WIFE AND RYAN'S AFFIDAVIT MENTIONS THE OC BUT NOT JDB #1). FINALLY, THE LAST THING THEY INCLUDED WAS A GENERIC CONTRACT FROM THE OC WHICH DID NOT HAVE MY WIFE'S SIGNATURE ON IT. I HOPE THIS IS ALL CLEAR AND I'M HAPPY TO ANSWER ANY QUESTIONS.

 

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? COURT DATE HAS BEEN SET. DATE IS COMING UP SOON.

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. SEE ABOVE QUESTION # 12

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Bumping and moving to legal forum.  @combingwyoming 

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