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When a debt is bought/assigned in CT,does the debt buyer need an affidavit of sale to prove assignment or just the bill of sale?
Anonymous7 views2 answers
The bill of sale does not reflect any specific accounts. The only other documentation is a "notification file" they claim is from the original creditor showing defendant's personal and account info (albeit the home phone number and the "last transaction date" are incorrect), but no affidavit of sale from the seller. The only affidavit included is from the debt buyer's "custodian of records", but it was sent in response to a RFA and RFP. The affidavit itself does not mention the defendant, only that the custodian is authorized to answer the RFP and RFA. Does the affidavit need to be from someone with personal knowledge of the original creditor's business or does the custodian's affidavit suffice, even though they don't know how the original creditor's business records are kept?
In order to prove ownership of the debt the purchaser/plaintiff only needs to produce the bill of sale. Generally, they buy accounts in bulk so the bill of sale is for a large group of accounts. The purchaser/plaintiff then generally attaches a document showing that the individual account was included in the bulk transaction. This information can also additionally be outlined in an affidavit from the plaintiff explaining how they took title and that the documents attached showing they have title are true and accurate copies.
I am not admitted to practice in Connecticut, but in general a bill of sale as well as an affidavit would typically be made available by an originator selling to a debt buyer. This may depend, however, on the specifics of the transaction. Also, the affidavits required in order for the debt buyer to successfully sue on the account it purchased is generally governed by state law, and I must confess that I don't know the approach that Connecticut take on this issue. Some states do require an affidavit or live witness from both the debt buyer as well as the originating creditor; in other states, the debt buyer may be able to get by with only the debt buyer's affidavit. You should check with a Connecticut attorney.
