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Have you plead the statute of limitations as a defense? Under Utah law they would have had a max of 6 years to file suit from the date of last payment on the account.
But that is my argument to the assignment the assignment papers they sent in discovery were from years before they would have even bought my account.
I not sure I follow what you are saying above.
The assignment date should match the date they bought the account as thats what usually happens in an assignment.
The fact that they may not have paid anything for the assignment (i.e right to collect under the original debt is not unusual either because they may have an clause in the assignment agreement that says they get to keep X % of what they collect when and if they collect.
The assignment date really has nothing to do with whether the underlying debt is valid. What you need to know is the date of alleged service and the first time you defaulted on paying under the terms of the contract. So, if you had an office visit and you were to pay with in 30 days but didn't, then that's when the SOL would start to run unless you made a subsequent payment.
Please clarify what is going on...
The issue of defending on assignment goes more to showing a lack of standing. So, if they could not come up with something showing that the accounts were assigned, then you could defend on the grounds that the collection agency does not have standing to sue.
I am not aware of any law that says that the assignment agreement has to be recent or that has to apply to a specific account. I would surprised to find such a law as it would interfere with parties' right to free enter into legal contracts. Normally, there would have to be some overriding public policy argument that is codified to find what your looking for.
If you have heard something different and have a source, please point me to it as I would be interested in looking at it further.
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