§ 16-45-104 — Affidavit as to correctness of account

(a) (1) In a suit on an account, including without limitation a credit card account or other revolving credit account, in a court of this state, the affidavit of the plaintiff that the account is just and correct, taken and certified according to law, is sufficient to establish the account. (2) However, if the defendant denies under oath the correctness of the account, the plaintiff is held to prove by other evidence the part of the account in dispute. (b) An affidavit of account under subsection (a) of this section shall be attached to the complaint and shall contain: (1) The name of: (A) The creditor to whom the account is owed; (B) The creditor pursuing collection of the account; and (C) The debtor obligated to pay the account; (2) (A) A statement or disclosure of whether or not the debtor's account has been assigned or is held by the original creditor. (B) If the account has been assigned, the affidavit shall state the name of the original creditor; (3) A statement of the affiant's authority to execute the affidavit on behalf of the creditor, including the affiant's job title or relationship to the creditor; (4) A statement that the affiant is familiar with the books and records of the creditor and the account; (5) A statement that the information and amount stated in the affidavit is true and correct to the best of affiant's knowledge, information, and belief; (6) The interest rate and the source of the interest rate; and (7) The total amount due, including interest, at the time the affidavit is executed.

Legislative History

Acts 1867, No. 102, § 1, p. 210; C. & M. Dig., § 4200; Pope's Dig., § 5211; A.S.A. 1947, § 28-202; Acts 2011, No. 992, § 1.