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Would this be a FDCPA violation??


Yawon
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I have an affidavit that says that the affiant was employed by a JDB on the date the affidavit was signed.

 

However, the affiant's linked-in profile states that they were employed by the parent company in a different capacity on that date.

 

My question is: Does that constitute a false affidavit?

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@BV80  but could that information be used for Impeachment purposes, for example during cross examination, if he is lying about his position and employment what other things can he possibly be lying about?

 

I honestly don't know if one could bring up that information without objection from the opposition or not.  The only response one would have to an objection would that the question was based upon information found on the internet.  I really don't know what a judge would think of that.

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However, the affiant's linked-in profile states that they were employed by the parent company in a different capacity on that date.

 

My question is: Does that constitute a false affidavit?

 

No.

 

@BV80  but could that information be used for Impeachment purposes, for example during cross examination, if he is lying about his position and employment what other things can he possibly be lying about?

 

You assume they are lying.  The reality is likely far different.  It does not matter what "capacity" someone is employed in their job duties are what the employer states they are.  Chances are excellent that as long as the affiant was employed by the employer they are providing the affidavit for at the time it was issued that is all that matters.  

 

The second issue is if the affiant is like many people on LinkedIn they don't bother with their profile except once in a blue moon.  They can merely testify that it is out of date and the court will blow off your line of questioning.

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I'm guessing this is Midland or PRA!?!?! If it is this is something to speak with an experienced FDCPA attorney about. Not saying you have to hire one, but at least get a free consultation. Its very possible an issue that may mean nothing in small claims court might make them pause in federal court. Some of these "parent" companies claim to have no employees when pushed on an FDCPA claim.

 

This is not a question you are going get resolved asking here. I repeat that you should consult an experienced FDCPA attorney. The most it will cost you is a little time. 

 

http://dockets.justia.com/search?state=wisconsin&noscat=13&cases=mostrecent&nos=890

 

http://dockets.justia.com/search?state=wisconsin&noscat=13&cases=mostrecent&nos=480

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