Affidavit Of Facts And Purchase Of Account By Debt Buyer Plaintiff Form
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1AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF
(Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
❒
❒
1. I am a/an
[❒
employee
officer
member] of ______________________________ [debt buyer
plaintiff] ("Plaintiff'), and I have access to Plaintiff’s books and records ("Business Records"), including
electronic records, relating to the account ("Account") of ______________________________ [name of
Defendant]. The last four digits of the Account number are __________. In my position, I also have personal
knowledge of Plaintiff’s procedures for creating and maintaining its Business Records, including its
procedures relating to the purchase and assignment of consumer credit accounts. Plaintiff’s Business
Records were made in the regular course of business, and it was the regular course of such business to make
the Business Records. The Business Records were made at or near the time of the events recorded. Based
on my knowledge of Plaintiff’s Business Records, I have personal knowledge of the facts set forth in this
affidavit.
2. On ________________ [date], Plaintiff purchased or was assigned the Account from
______________________________ [original creditor or debt seller] (the "Purchase"). At that time,
______________________________ [original creditor or debt seller] assigned all of its interest in the
Account, including the right to any proceeds from the Account, to Plaintiff. As part of the Purchase, Business
Records relating to the Account were transferred to Plaintiff. Following the Purchase, those Business Records
were maintained in the ordinary course of Plaintiff’s business.
3. As set forth in the affidavit(s) of:
_________________________________________________________________________________________
[original creditor and all debt sellers] submitted herewith, the complete chain of title, with the date of each
sale or assignment of the Account, is as follows:
a. ______________________________ ________________ [original creditor and date of sale/assignment]
b. ______________________________ ________________ [debt seller and date of sale/assignment]
c. ______________________________ ________________ [debt seller and date of sale/assignment]
d. ______________________________ ________________ [debt seller and date of sale/assignment]
4. At this time, Defendant owes $_______________ on the Account. This amount includes the charge-off
balance of $_______________, post-charge-off interest of $_______________, and post-charge-off fees and
charges of $_______________, less post-charge-off credits or payments made by or on behalf of the
Defendant of $_______________.
WHEREFORE, deponent demands judgment against Defendant for $_______________ (plus interest from
________________ [date], if applicable), together with the costs and disbursements of this action.
The above statements are true and correct to the best of my personal knowledge.
Dated: ____________________
____________________________________________
Signature
____________________________________________
Name
Sworn to before me this _____ day
of ____________________,20____.
______________________________
Notary Public
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