One of my creditwrench students was sued by Howard Lee Schiff attorneys at law in Rhode Island for a debt he owed Capital One. Of course they got their judgment
but in the process filed an affidavit with the court in which a Maisha Davis claimed to work for the plaintiff among other outrageous falsehoods.

The affidavit was notarized by one Dudley Turner who is a notary public in the state of Georgia. The problem with the affidavit is that both Davis and Turner work for a company named TSYS and my student contacted them by phone to make certain that they were employed by TSYS. Davis answered the phone with 'NATIONAL ATTORNEY NETWORK, which is an invention of TSYS.

My student filed a federal case against Howard Lee Schiff law firm for providing false and misleading information to a consumer under FDCPA. Schiff's attorney answered pro se with a motion to dismiss and based his motion on Federal Rules of Procedure 12 (b)(6) and used an affidavit from some person in Connecticut who claimed to be a Commisioner of the Court. Sounds like a high falutin title but in reality all notary publics in Connecticut are called Commissioners of the court rather than just notary publics.

The affidavit provided to the court by Davis and notarized by Turner claiming to be account representatives of the Plaintiff was totally false because they work for TSYS and not Capital One.

We are finding that almost every affidavit filed in court cases is false and fraudulent in one or more ways.

Defendants need to check those affidavits very carefully and leave no stone unturned in investigating both the affiant and the notary public. We have found on some occasions that the notary isn't a notary at all but just went out and had a stamp made and called themselves notaries. All notaries should be checked out with the Secretary of State in their state of residence. You just might be amazed at what you find out.

Creditwrench
Oklahoma City, Oklahoma
U.S.A.

Click here to read other Rip Off Reports on Attorneys and Lawyers