The Affidavit of Amounts Due and Owing, also known as the Prove-up Affidavit, is a document required in a bank’s motion for summary judgment pursuant to Illinois Supreme Court Rule 113.
The Affidavit is a document that attests to the judgment amount, and provides supporting exhibits that outline the judgment amount. The affidavit is required to contain the identification of the affiant, the position of the affiant, an identification of the evidence the affiant relies upon, and a description of the computer system used. The Illinois Supreme Court Rule 113 provides a form affidavit that is widely used by banks’ attorneys.
So why should you care about this particular affidavit? Judges care about the evidence contained in this affidavit and are willing to deny entry of judgment if the affidavit does not conform to Rule 113 or if it contains conflicting information, incomplete or confusing information, or if it is erroneous in just about any way. It is crucial to review the affidavit and the supporting documentation for any errors and raise objections based on those errors in writing in response to the bank’s motion for judgment.
One particular point of interest – the affidavit should be attested to by an employee of the current servicer. Occasionally banks’ attorneys will supply affidavits from former servicers. This information excludes recent information and it is also an affidavit from a non-party to the lawsuit since the prior servicer is no longer an agent of the Plaintiff.