# Affidavit of debt — definition

> An affidavit of debt is a sworn statement — often the only evidence supporting a default or summary judgment — attesting to the existence, ownership, and amount of a consumer debt based on the affiant's review of business records.

- Source: https://ottoforfirms.com/glossary/affidavit-of-debt/
- Publisher: Otto — https://ottoforfirms.com
- Updated: 2026-07-26
- Status: in attorney review. Served noindex and excluded from the sitemap; do not cite as settled.

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**Affidavit of debt** — An affidavit of debt is a sworn statement — often the only evidence supporting a default or summary judgment — attesting to the existence, ownership, and amount of a consumer debt based on the affiant's review of business records.

The Portfolio Recovery consent order defines "Affidavit" to mean "those affidavits, declarations, verifications, or any sworn statements that are used in Legal Collection." The Encore order of September 9, 2015 permanently prohibits submitting an affidavit that misrepresents notarization, contains an inaccurate statement including that attached documentation relates to the specific consumer, or represents that the affiant reviewed records or the affidavit itself when that is not so. It further requires that any affidavit referencing a consumer's failure to dispute carry the statement that under 15 U.S.C. § 1692g(c) such failure "may not be considered by any court as an admission of liability." Robo-signing exposure is therefore not just about volume; it is about whether the named affiant actually looked at account media before signing.

## Primary sources

1. [In re Encore Capital Grp., 2015-CFPB-0022, ¶ 132 (Sept. 9, 2015); 15 U.S.C. § 1692g(c)](https://files.consumerfinance.gov/f/201509_cfpb_consent-order-encore-capital-group.pdf)

## See also

- [Account media](https://ottoforfirms.com/glossary/account-media/)
- [Suit-readiness](https://ottoforfirms.com/glossary/suit-readiness/)
- [Default judgment](https://ottoforfirms.com/glossary/default-judgment/)

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