What is an Affidavit of Debt
An Affidavit is a written sworn statement of fact voluntarily made by a deponent or affiant under oath or affirmation administered by a person authorized to do so by law. The Medieval Latin term means “he has declared upon oath”; it is a type of verified statement or showing, meaning it is under oath or penalty of perjury. It serves as evidence and verification to its veracity and is required for court proceedings.
An affidavit of debt is a sworn statement from an employee of the plaintiff (typically the collection agency) stating that they are intimately familiar and/or aware of the methods of record keeping at the original creditor concerning the debt in question. It also means they can certify that the information in the complaint is true.
They usually state that they have examined the sale or assignment records, which establish the relationship between the original creditor selling/assigning to the collection agency or debt buyer.
Affidavits can be written in first or third person. It just depends on who drafts the document.
Here are the document’s component parts if written in first person:
- a commencement which identifies the affidavit
- the individual averments, which should almost always be numbered as mandated by law (each one making a separate claim)
- a statement of truth stating that everything is true, under penalty of perjury, fine or imprisonment
- an attestation clause (usually a jurat) at the end certifying the affidavit made oath and the date
- signatures of the author and the witness
If you, as the defendant, do not object to the affidavit of debt, the court will assume the debt is valid. The debt collector would then have the right to sue you and the suit is considered proper. This means you’d lose. However, these affidavits are often fraudulent or contain false evidence, so you have to file a motion of strike to get it thrown out of court. This is why it’s important to understand and know what an affidavit of debt is.