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New Trial Rule Amendment Requires Affidavit of Debt to be Attached to Complaint

Published Friday, November 5, 2010 7:00 am

Client Advisory

October 28, 2010

New Trial Rule Amendment Requires Affidavit of Debt to be Attached to Complaint

A recent amendment to Indiana Trial Rule 9.2 now requires that an affidavit of debt be attached to all complaints on accounts.  The rule, which will take effect January 1, 2011, has been amended as follows: “When any pleading allowed by these rules is founded on an account, an Affidavit of Debt, in a form substantially similar to that which is provided in Appendix A-2 to these rules, shall be attached.”  Plaintiffs will now be required to attach the affidavit of debt as an exhibit to the Complaint.  Previously, an Affidavit of Debt was only required to be supplied at the time of filing a judgment motion.

The rule change is two-fold in that it now requires: (1) the affidavit to be supplied to counsel prior to the suit being filed; and (2) the affidavit must include certain information not previously required in client affidavits.  This means that creditors, who refer claims for suit on accounts, will need to supply their counsel with information necessary for compliance of the rule.  Such necessary information includes:

- Whether the creditor is the original creditor of the defendant and, if not, the name of their assignor and the name of the original creditor;Debtor’s name;

- The unpaid debt balance and the account number associated with the debt;

- Date of the last payment received and the amount of that payment;

- The type of account, i.e. credit card account, account for utilities, medical bill account, account for services, judgment issued by a court, etc.

- A breakdown of account balance, including account fees and interest; and

- Whether or not the creditor seeks attorney fees.

For an example of the Affidavit of Debt that complies with these changes please click here.  With the change soon approaching, Welch & Co., LLC will begin notifying clients to develop and incorporate the procedures necessary for compliance of the new rule change.

If you have any questions regarding the new rule change, please contact Welch & Co, LLC at (765)282-9501.

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