Does anyone know the process AMEX and/or Zwicker goes through to be able to attach a verification affidavit to the Response for Admissions? Amex Custodian of Records signed an affidavit stating that they read the AMEX's Response to Defendants request for Admissions and know the contents within, HOWEVER the Response that they state they read and know the contents of is dated 3 weeks AFTER the verification hence it would have been impossible to read the Response that wasn't created yet. Is it possible the Response had been written, sent to the custodian of records to read, and then returned to Zwicker with the affidavit and at that point Zwicker dated the Response? I'm trying to avoid yelling fraudulent affidavit and have it backfire on me if they come up with a plausible explanation.
5 replies
brian · November 26, 2025
Don't doubt what you see. Two approaches: Place this into something showing the court in your case in seeking the Affidavit eliminated or squashed. That's one approach. However, I like to sit in the weeds and keep my powder dry. Wait on it knowing that eventually they will depend upon the document in a major filing when it is too late to replace. Then pounce showing the court the falsity. If AMEX is depending upon that doc, great for you and defending the case, how do they prove their case with this dreck. Two approaches.
RDD · November 27, 2025
I filed a motion to deem admitted the requested admissions since they were over the 30 day limit and when they finally submitted the admissions that predates affidavit was attached. My thought was to show the court they are acting in bad faith with the false affidavit and therefore dont deserve any relief from the court which they are now asking for and which normally id think they would get since trial date is over a year away.
RDD · November 27, 2025
Post dated the affidavit *
brian · December 1, 2025
A cool thing I do and there is case law backing this up is to point out to the court that the rule is (30 days in your state) and it is a "shall" rule. In Michigan for example, iIt is deemed admitted once they miss the deadline regardless of their excuse. "If the party does not respond or object within the time frame outlined in MCR 2.312(B)(1), the matter is admitted." It is cut and dry. Admitted and there is no way out of it. They would certainly do it to you. That is my two cents.
RDD · December 3, 2025
unfortunately in Mass, Rule 36b allows the judge to withdraw the admissions if if does not prejudice the other party and advances the cases merits. The creditor is arguing it was a short delay and plenty of time before trial so no harm was done. They may be successful with that argument and hence I'm hanging my hat on if the different dates of the affidavit and admission made sense (it doesn't to me) . Could they claim the admissions were written before the affidavit and then sent to the custodian of records for approval and then only afterwards the admissions had a date put on them? Would a legal document need to be signed and dated before an affiant could attest to it?
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