altered affidavit

Whoa, this sounds very interesting, I'm going to let someone else with more knowledge in this area answer you, I just wanted to let you know someone will be around shortly to advise you.

i would really aprreciate some advice here. this debt that i'm being summoned for is 3500+, by the way. thanks

Please be patient, someone will advise as soon as possible, a lot of people work during the day, hang tight please. :)

Is the first creditor the Original Creditor (OC) or a Collection Agency?
If it is a CA then the affidavit that they sent is NOT legal validation of the debt. Since they never validated the debt they are prohibitted by law from filing suit.
When you get served the court paperwork you can use the fact that they never validated the debt to get the case dismissed. Also you can request as part of the discovery phase that they validate the debt and ask that the person signing the affidavit be required to show up in court to validate the fact pertaining to the affidavit (the person probably does not even exist). (I would check the local court to see if they have filed and lied about you being served.)

Also consider hiring an attorney to file a counter suit for violation of federal law. You might find some that will work on a contigency basis and have the CA pay their fees.

The affidavit was included in a properly recorded and served summons requested by an in-state lawyer who seems to represent the OC. The affidavit specifies that a certain individual who is a "Recovery Representative" of the OC is the custodian of these records (all paper bills with included small print) and who also states that the Defendant (me, of course) has an indebtedness to the OC of a certain amount plus interest of a certain amount.
The problem (for them) seems to be that this affidavit is clearly an exact copy, down to the ink smudges on the signatures, of the one attached to the bundle sent to me by the lawyer as per my request for validation, but the one with the summons has had a percentage written into the blank for the interest rate (in a different hand and much bolder) where the one i received earlier was left blank.

The questions I have are: can I move that the case be dismissed (with prejudice) on the grounds that "exhibit A" is clearly altered by the Plantiff's lawyer and therefore suspect? How would I do this? And, is there anything further I can do?

I'm wondering... Who is the plaintiff on the suit, and who is the law firm representing them?

Plantiff is the OC a major cc group, the attorney is listed on the summons as their lawyer. I would prefer not to provide the exact names in case the lawyer does an online search for themselves and finds this useful information.

I wanted to bump this back up to the top of the list to see if there were any more responses to your question. I am really curious to see if anyone has come across this before, or has any opinions on it.

My understanding on such things as affidavits is, unless the person that actually signed the affidavit shows up on the court date to actually testify, the affidavit can be thrown out as "hearsay" as they have no concrete evidence to back up this statement. I would also believe they would have to bring some sort of official documents from the OC with them in order to back up their testimony.

I also think the defense (be it you or your attorney) would have to raise an issue of this affidavit being hearsay, as the judge is not going to do it for you. So if you have an attorney representing you, ask him/her about this.

As for the editing of the affidavit, with there being a clear difference between the copy you were given and the one the attorney has, I'm not sure if that is a big issue or not. As I understand it, when a notary stamps a document, all they are proving is that the signature on that document is correct and accurate. That's it. They are in no way verifying the accuracy of the document.

What I wonder about, and what might also be a good issue to raise, is if they altered that one document after it was sent to you, how much else in their case has been altered? Can the accuracy of any of their information be trusted if they would attempt such apparent shenanigans with a supposed "affidavit" they submit to court?

Anyone else here have any insight into this? I'm really curious now?

Singed, are you being represented by an attorney? If so, this might be something to raise with him/her and see what he/she thinks. If not, maybe someone else will come along with some advice on this.

Request through the court that they send to you copies of all these documents that they say the affidiant is in possesion of. You have the right through discovery to these documents.

All she is holding is documents that they "claim" proves that you owe the debt.

It is in your best interest to get in touch with a lawyer to look this over. You should be able to contact your local bar association and get a consult with a lawyer for free or discounted fee.

It almost sounds like an Affidavit of Allison B Moon or Sue Argentieri. Unemployedron is right, it is hearsay.

If you have a copy of the original contract and they altered it, I am 90% sure that contract is void and you owe nothing.

As far as you being disabled, you are probably judgment proof, If you are collecting any kind of assistance or SSI, it is exempt and they can't touch it, thus judgment proof. You need to bring this up now because if they get a judgment against you, it will be harder to remove.