Served with Complaint & Affidavit

[Islander133]

What is the name of your state? Michigan
Today I was served with a complaint and affidavit from a Michigan law firm representing Asset Acquisitions Group, Beaverton, OR. The complaint states that the assignor entered into a contract with me on 9/10/97, contract was duly assigned, states my failure to pay and says what is due and owing.

Statement #2 of the Affidavit says: "This Affidavit is made upon information and belief of the affiant after review of the records pertinent to the account of (my name) account #XXXXXXXX.

Statement #3 of the Affidavit says: "If called as a witness I can testify competently to the facts contained herein."

Statement #4 on the Affidavit says: "The note or other written evidence of indebtedness in this matter has been lost or is
inaccessible."

How do I answer this? Are they saying I owe money but they have no written proof? Help.

[xavier2000]

You do not answer an affidavit.

In the relevant section of the complaint where they claim something to the effect...

DEFEDANT entered into a contract on 9/10/97 for XXXXXX....

Your response would be something like...

DEFENDANT is without sufficent knowledge or facts blahh blahh blahh and leaves PLAINTIFF to their strict proofs thereupon.

Strict proof I would think would be written evidence of the debt.