The Affidavit From Hell

I've been spending a lot of time working on issues regarding assigned debts.  When bottom feeder collection agencies sue on these accounts, they rely on affidavits from employees who are allegedly knowledgeable about the status of the accounts. Here is an affidavit that was filed in court by the law firm of Bowman Heintz Bocia and Vician, P.C.  from Merrillville, Indiana.

The affiant, Jennifer Bernard, states that she is an employee of "AMER. ACC CO LLC AS ASSIGN OF ALL DEBT AS ASSIGN OF PEPPERTREE AS ASSIGN OF PMD FINANCIAL AS ASSIGN OF ASSET RECOVERY AS ASSIGN OF AARON'S SALES, plaintiff or servicing agent of the plaintiff."  If her paycheck is drawn on that company name, I'd be surprised if there is any space left over for the dollar amount of her take-home pay.

Next the affiant has to swear that she is familiar with the books and records, and here is where this person amazes me with her knowledge. "I am familiar with the record keeping practices of AMER. ACC CO LLC AS ASSIGN OF ALL DEBT AS ASSIGN OF PEPPERTREE AS ASSIGN OF PMD FINANCIAL AS ASSIGN OF ASSET RECOVERY AS ASSIGN OF AARON'S SALES's business and/or have personal knowledge of the following:"  It is incredible that one person is familiar with the books and records of not just AMER ACC CO LLC but also ALL DEBT and also PEPPERTREE and also PMD FINANCIAL and also ASSET RECOVERY and also AARON's SALES.  A person this knowledgeable about the accounting systems of many companies should be writing accounting books, not signing affidavits.

Affidavits like these are ridiculous on their face, but collection companies are taking these things to court every day in the thousands, and courts are issuing default judgments on these cases almost as fast.  Look at this case as an example. At each step in the chain of this debt there were opportunities to make mistakes in he documentation of the amounts owed, the amounts paid and the status of the assignment. If there was ever a valid debt in this case, six companies have in theory had the opportunity to collect payments on this account and six companies have had the opportunity to collect money on this account.  Actually, six companies have had the opportunity to make this account up out of thin air.

What is the relationship between American Acceptance Co. LLC. and the law firm of Bowman Heintz Bocia and Vician? American Acceptance's registered agent, Glenn Vician, is a named partner in the law firm doing the collection.  How close are the companies physically?  It looks like a six minute walk if you go the long way.