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You can ask question about modding of android device in the future. I do not disagree that if the creditor gave the statement of indebtedness and the debtor failed to sign within 30 days, the creditor could commence suit. In this case, however, plaintiff specifically indicated on the affidavit of indebtedness that the affidavit of indebtedness was in full force and effect. The affidavit of indebtedness does not bear the signature of the defendant-debtor, nor does it bear a date subsequent to the execution of the note. It does, however, bear a date of October 23, 1983. Plaintiff contends, as I believe it should be allowed to contend, that the statement of indebtedness was in full force and effect at the time the note was executed, and that the defendant-debtor signed the affidavit.
In sum, because plaintiff's evidence on the intent of the parties is not conclusive, summary judgment on that issue should not have been granted. The court's second finding in support of summary judgment was erroneous because it was based on the belief that an affidavit of indebtedness in full force and effect without the debtor's signature is as effective as a note in full force and effect without the debtor's signature. As I have already indicated, the affidavit is ineffective if not in full force and effect at the time the note was executed. If the debtor does not sign the affidavit within 30 days of execution, the creditor may commence suit but may not collect upon the note if it was not in full force and effect when the note was executed. I would reverse the summary judgment granted by the district court.
The statement of indebtedness was not signed by the defendant-debtor, nor was it dated within 30 days of execution of the note
According to the record, plaintiff did not file the action until October 25, 1984. Defendant, however, was served in the state court on May 12, 1984
The 30-day period for filing the statement of indebtedness had expired
The issue before us is whether the district court erred in granting summary judgment in favor of defendant where it was not clear that plaintiff had complied with the terms of the note