It sounds like you are in the small claims court division.Could SOL work seeing as the contract was breached on 08-31-2009 which would be expiring next week?
I am afraid not. As long as they filed before the deadline, then they are on time. So even if it expires while the suit is ongoing, as long as they filed prior to the SOL, it is allowed.Also no evidence was sent with the summons, and I don't think they will be able to provide an original agreement.
See below about proof by preponderance of the evidence.There are a few allegations I am confused about and not sure how to answer.
4. Each named and DOE defendant was acting as the agent or employee of the other defendants.
6. Before filing the lawsuit the Plaintiff all rights title and interest in the obligation upon which this suit is brought and is the sole owner of this account.
Can I ask for evidence of this purchase? Could that help my defense?
One may ask for such evidence, yes. Rather, one may challenge for the evidence at the time of hearing. Small claims court has limited pre-trial discovery.
Remember, the onus is on them
to prove that the debt was owed by a preponderance of the evidence, which means 51% or over. If they cannot, then they lose the case.I also have voicemails from the lawyers asking to call them back without mentioning they attempting to collect a debt. Are lawyers of the debt buyers subject to FDCPA?
Not once they have filed suit. It is no longer a collection issue, but litigation. Moreover, if they have filed suit on you, then you are past the FDCPA issue. In other word, FDCPA protects you from improper debt collection. However, it is not an affirmative defense to the debt itself. So if they have filed suit against you, it is past attempting to bring FDCPA into this.
Someone in your situation may wish to file a GENERAL DENIAL and try one's luck in court, if they do not wish to settle. You can find the answer form here
, or, write one yourself. Let me know if you need a sample answer.
I hope this helps and clarifies. Good luck.
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