In legal review — not indexed
These definitions are drafted and readable, and stay out of search until an attorney has cleared each one.
Affidavit of debt
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
See also
- Account mediaAccount media is the underlying account-level documentation for a debt — the signed agreement, periodic statements, transaction history, and payment records — as distinct from the summary data fields that travel in a placement or sale file.
- Suit-readinessSuit-readiness is the pre-filing determination that an account carries the documentation, ownership proof, balance support, and limitations-period clearance needed to sustain a collection lawsuit.
- Default judgmentA default judgment is the judgment entered against a defendant who has failed to plead or otherwise defend, after the clerk has first entered that party's default.
This is an informational reference, not legal advice, and using it creates no attorney-client relationship. Limitations periods turn on facts this page cannot know — which state's law governs, the contract type, when the claim accrued, and whether anything tolled or revived it. Confirm against the primary source and your own counsel before acting.