Wednesday, April 13, 2011
Why do attorneys request an affidavit to file suit?
Good question! Attorneys ask for an affidavit to support the account when we file a collection suit in order to establish a case. Simply put, the case requires the defendant (your debtor or former customer) to come forward with facts and a counter affidavit as part of his or her answer if they truly dispute the account and want to establish a valid defense to your collection law suit.prima facie prima facie
Essentially, the affidavit and the account ledger go together hand-in-hand to establish our case in court. In fact , the combination of the affidavit and the account ledger is referred to as an , which legally means the defendant so far has not objected to the amount sued for. While the burden of proof is always on the party bringing the suit (the plaintiff), the account stated case does present a strong case, and helps us test the debtor’s (the defendant) defenses.account stated