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kax

Affidavit questions - Ohio

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Good morning, everyone.  

The attorneys representing the JDB who is suing me had a summary judgment up for review last week.  I showed up and spoke with the judge, who very graciously gave me the opportunity to file an affidavit denying the debt. I had filed a general denial with my answer, and discovered that that wasn't enough.  He told me that if I provide an affidavit to him this week he will order that the case go to trial.  So after searching the forum and the internet at large, I still have a few questions.

 

1.  Does anyone know of a good resource for a template for an Ohio affidavit?

 

2.  Second, should I include in the affidavit what I told the judge in court or should I keep it as a graduated denial (i.e, "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount.")  I don't want to say too much, as I don't want the affidavit to be ripped apart by the other side.  I have learned from working in government that it is best to only say the minimum that needs to be said.  On the other hand, I'm not sure that keeping the affidavit vague will satisfy the judge. I don't want to alienate him after basically giving me a second chance.

 

The gist of what I told him in court was that I had no recollection of getting this credit card, that I didn't live at the address when the bills that the plaintiff provided came, that I knew my then husband had a credit card from this store but didn't think I did, and that I had requested a signed application from the plaintiff but never received it.  The judge seemed skeptical about my lack of remembering these events from 7 years ago, but when I told him about some of the things that had been going on in my life at that time he seemed satisfied with my answer and made the offer for me to file an affidavit. 

 

Any suggestions?  Links to relevant discussions that I may have missed?  Thanks for taking the time to read this.

 

 

 

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Basic format:

 

 

Caption of case

 

 

                                                                                  Affidavit of kax

 

 

I, kax, being duly sworn,  hereby declare the following:

 

(write here what you want to say - basically what you wrote above about not recalling the debt)

 

I declare under penalty of perjury that the statements in this affidavit are true and correct to the best of my knowledge and belief.

 

 

__________________________

kax

 

 

______________________________________

 

Sworn to and subscribed before me this _____ day of _______________, 2013.

 

 

 

__________________

 

Notary public

 

 

 

+++++++++++++++++++++

 

Have a notary witness your signature.

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