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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 91961
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Im being sued by a junk debt buyer. They presented a chain

Customer Question

I'm being sued by a junk debt buyer. They presented a chain of custody that does not go back to the original credit card company, it goes back to another junk debt buyer. Also, nowhere does it say my name and there is nothing like a contract or anything with my credit card number on it except in their statement to the court. Also, the date on the bill of sale that supposedly transfers ownership to them is over a year PAST the first date they started sending collections notices to me regarding the account they are suing me for. And one last twist, on my credit report, they have reported amounts for an old credit card from over 20 years ago where the dates and amounts are exactly equal to some of the collection requests for this other card. Too much about this suggests that they do not have proof they own this debt they are suing me for. Do they have enough proof to win? If not, what else would they need?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This sounds like not only can they not prove the debt but that you are saying that they are suing over time barred debt from 20 years ago. It sounds likely they do not have the proof to win, but it is up to you to provide evidence to show that they cannot prove their case and meet their burden of proof. You have to raise these things in court to show they do not even have the evidence to prove this debt is yours.

You need to consider, because you do have a decent defense here that you may want to use a local attorney to take up your defense in your case as it will greatly increase your chance of success.



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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 1 year ago.

I have a letter from the plaintiff that is dated well over a year prior to the date on a bill of sale they claim proves they own my debt (which shows their company's name, but not my name or credit car number). Is the fact that the date on the bill of sale is well after they started sending collection letters on the same account evidence enough from me to prove that their bill of sale is not valid evidence? This is all the evidence they have given. I am wondering if I just need to show that their evidence is invalid to win, or if I need to prove more than that.


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

They must prove 1) they have the right to collect on the debt and 2) that the debt is your debt and 3) the date of last payment on the debt is within the statute of limitations. Thus, you need to review their evidence for that sufficiency and if it does not show those three things, plus the itemized amount of the debt, then they should not meet their burden of proof.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 91961
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your advice, I appreciate it!

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.

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Law Educator, Esq.
Law Educator, Esq.
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All corporate law, including non-profits and charitable fraternal organizations.