Q: A debt buyer submitted a summary judgment without including statements or any other proof from the original creditor
to prove the amount of debt owed. Can a final judgment be void using due process of law evidence as the cause since an amount was awarded without legal proof supporting it? The only evidence was the amount written in an affidavit by an employee of the debt buyer and the amount on the debt buyer's letterhead. No statements nor payment history records from the original creditor.
A: Assuming that you are the debtor/defendant, it would depend on whether or not you objected. And it would depend on exactly what was in the affidavit.
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