Sworn Denials

hannah · 07-06-2007, 01:00 PM

I was doing some reading on the net the other day and ran across a blog that advocated using a sworn denial if sued on a debt that you absolutely do owe and that is in stat. The writer stated that a sworn denial needs to be typed, signed, notarized, and filed with your answer (denying the debt, of course) and needs to be a graduated denial. Something along the lines of “I deny 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.”

Most debt buyers and other types of creditors file an affidavit signed by the record’s keeper of the so-called creditor and the writer of the blog believes that by filing a sworn denial that the plaintiff will then have to have a witness to testify. “When a sworn denial is filed, the debt collection attorney cannot rely upon a sworn affidavit of account, but must instead produce a live witness to testify about the debt. The requirement of a live witness changes the dynamic of the collection action considerably" as the “likelihood that the action will go no further now increases” as it is more costly for the suit to go forward.

As we all know, when sued for a debt, an affidavit of debt will stand unless you motion to strike it as hearsay. Most affidavits of account are indeed struck in this manner without filing a sworn denial. I am wondering if this would be a better way to go about this using the sworn denial or if we should just continue to motion to strike as we have before. Perhaps doing both would be preferable. Any and all comments are both pro and con are appreciated.

centex · 07-06-2007, 01:16 PM

sounds roughly like a variant on Racehorse's pleading in the alternative...

"Say you sue me because you say my dog bit you. Well, now this is my defense:

* My dog doesn't bite.
* And second, in the alternative, my dog was tied up that night.
* And third, I don't believe you really got bit.
* And fourth, I don't have a dog."

drivel · 07-06-2007, 01:29 PM

Quote:

Originally Posted by hannah

I was doing some reading on the net the other day and ran across a blog that advocated using a sworn denial if sued on a debt that you absolutely do owe and that is in stat. The writer stated that a sworn denial needs to be typed, signed, notarized, and filed with your answer (denying the debt, of course) and needs to be a graduated denial. Something along the lines of “I deny 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.”

Here's another version of the "graduated denial"

I really, really, really, really, really don't owe this debt!

hannah · 07-06-2007, 01:34 PM

Quote:

Originally Posted by drivel

Here's another version of the "graduated denial"

I really, really, really, really, really don't owe this debt!

Well, I suppose it is graduated...

spinn · 07-06-2007, 05:44 PM

Why not do both....especially for smaller debts where they are unlikely to fly in some schmoe and stick him in a red roof inn for two days?

Drivel you seem to have too much time on your hands....why not get a metal detector and walk up and down a beach somewhere?

Hedwig · 07-06-2007, 06:27 PM

I think Drivel is trying to forget that mini-evil is taking over at home, and he is losing on all fronts.

roybean · 07-06-2007, 06:52 PM

I just noticed...Drivel has a new avatar!!!

acebo · 07-06-2007, 07:29 PM

Oh gosh, could I have a crush on Drivel?

hannah · 07-06-2007, 07:54 PM

All right you thread jackers!! Back on topic!! Here's the link to the blog I was reading if it helps you guys focus!!

hannah · 07-06-2007, 08:16 PM

Quote:

Originally Posted by centex

sounds roughly like a variant on Racehorse's pleading in the alternative...

"Say you sue me because you say my dog bit you. Well, now this is my defense:

* My dog doesn't bite.
* And second, in the alternative, my dog was tied up that night.
* And third, I don't believe you really got bit.
* And fourth, I don't have a dog."

Sorry...deleting...

drivel · 07-11-2007, 03:24 PM

Quote:

Originally Posted by spinn

Why not do both....especially for smaller debts where they are unlikely to fly in some schmoe and stick him in a red roof inn for two days?

Drivel you seem to have too much time on your hands....why not get a metal detector and walk up and down a beach somewhere?

Good tip.

First I have to ensure that my BS detector is in proper working order. Once I log in here it beeps uncontrollably. Any help is appreciated.

jlynn · 07-11-2007, 03:45 PM

Quote:

Originally Posted by drivel

Good tip.

Any help is appreciated.

Turn it off.