Wednesday, September 4, 2013

Affiants and affidavits in debt collection suits by American Express


Who signs affidavits in American Express credit card debt suits?  
Affiants in American Express debt collection suits typically identify themselves as "Assistant Custodian of Records", but several of them (recent examples are Edmond Garabedian, Richard Kier, Danielle Nichols, and Kurt Sipmann) execute affidavits in that capacity both for American Express Bank, FSB and for American Centurion Bank. These banks are two separate and distinct financial institutions that are both located in Utah, but the affiants sign affidavits in other states: New York, Massachusetts, and California

There is reason to believe that the affiants are robosigners, and may not even get to see what is being attached to their affidavits by American Express lawyers in Texas. The affidavits do, however, greatly vary in substance, and quality. As noted elsewhere, Amex employs a number of different lawfirms and attorneys (Adams, DeGrasse, Johnson & Silver, Regent, Scheinthal, Scott, Zwicker) to pursue holders of defaulted accounts in Texas.

Because of the great variation among affidavits, and even modification of the stock language in the affidavit templates used by the same law firm over time, it is difficult to generalize about them. While they are not unique (they are always based on a template which is used in multiple, if not numerous similar lawsuits), each must be considered separately for purposes of identifying its particular weaknesses and possibly viable evidentiary challenges. Some do not even feature proper jurats and/or notarization, and can therefore also be attacked as defective in form. (--> Motion to Strike Plaintiff's Affidavit based on Defect in Form).

What the Amex affidavits do have in common, however, is the fact that the signers are not located in Utah (the banks' home state) and also not in Texas. Monthly Amex account statements, however, typically have an address for payments in Dallas, and an address for correspondence elsewhere in Texas (El Paso) printed on them. The geographic discrepancy between the bank's place(s) of business and the work site of the affiant should at least require an explanation as to how the affiant would be in a position to authenticate records and testify about payments or no payments having been received, or absence of a billing dispute, when the affiant has no obvious or demonstrated connection to any of the places where Amex operations are actually located, or where the bank receives payments and other mail. (---> Motions to strike creditor's affidavit).


Edmond Garabedian, Custodian of Records (State of New York) (2012)(some with notary stamp of Vanessa Felice, qualified in Queens County, State of New York).
Richard Kier, Assistant Custodian of Records (State of New York, New York County, with notary stamp of Deric M Behar or Eric Robert Calantone)(2013); Manuel A. Rodeiro Notary Public Qualified in New York County (2014)
Linda Salas, Assistant Custodian of Records (Commonwealth of Massachusetts)(2012)
Danielle Nichols, Assistant Custodian of Records (Commonwealth of Massachusetts, County of Essex, with notary stamp of Laurie Marcoux) (2013)
Kurt Sipmann [not Sippman] (State of California, Ventura County;  with notary stamp of Karen E. Donica, Notary Public)(2011, 2013)

Other affiants: Joseph Hammon, Assistant Custodian of Records; Kapil Ralli, Assistant Custodian of Records; A. JOSHI; I. CHAO, Attorney-in-Fact


  1. Daniel Nochols works for Zwicker.

  2. Does anyone know where Richard Kier works because he doesn't work for all these banks. I have 6 affidavits from him that are robo signed

  3. Come on people lets start telling the truth.Theres no way Richard Kier works for 4 different banks. I believe he works for NCO