AFFIANT WHO-IS-WHO: 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).
NAMES,
TITLES, AND LOCATIONS OF AFFIANTS THAT HAVE APPEARED IN RECENT DEBT SUITS BY
AMEX FILED IN TEXAS
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);
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
Daniel Nochols works for Zwicker.
ReplyDeleteDoes 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
ReplyDeleteCome on people lets start telling the truth.Theres no way Richard Kier works for 4 different banks. I believe he works for NCO
ReplyDelete