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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33075
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Im defendent in a suit to collect $1 400 from a charged off

Customer Question

Im defendent in a suit to collect $1 400 from a charged off credit card. My credit card receivable was sold several times and now being sued in court by a third party collection company , LVNV Funding. In a pretrial hearing I have onjected to the complaint on the grounds that I have no obligation to the plaintiff, do not know who they are, the account was in dispute with the issuing bank, the assignment documents are not certified as to the authority of the signors (in fact , signatures for the same individual are very different as if they were forged.)..Question: What is the best way of defense to challenge this action? Thank you...john messing
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Usually the best way to handle these lawsuit is to do extensive discovery and then file a Motion for Summary Judgment because they don't have the documentation to prove 1) that you owe the debt, 2) that they have the right to collect the debt, and 3) that they have the right to collect the debt from you.

Usually these companies buy debt for pennies on the dollar and don't get any documents other than a spreadsheet with your name and some account information. They don't have anything to prove their case.

There is a good, inexpensive ebook on this topic at

Please ask any follow up questions in this thread.

Customer: replied 10 months ago.
Can you give me a list of documents I should request that are often problematic for them? Also, they are requesting a "motion for telephonic appearance of witness". The plaintiff says it would be a burden to send a representative and custodian of records from its office in South Carolina to Ft Lauderdale...Can I object to this motion and often is my objection granted?
Expert:  Dwayne B. replied 10 months ago.

Usually you ask for receipts for purchases with your signature and the contract that you signed.

Yes, you would object to that since you want to be able to look the witness in the face to examine them. Often the witnesses will give something away by their body language, facial expressions, etc. I'd say judges will sustain the objection about 50% of the time.

Customer: replied 10 months ago.
Last Ouestion.....what should i ask for to validate the assignment documents and that they were properly executed..not forged?
Expert:  Dwayne B. replied 10 months ago.

You just ask for a true and correct copy. You can also ask for a time to inspect the originals after you receive the copies. They have to submit the documents and answers in a verified form, which means they are swearing to their authenticity.

Customer: replied 10 months ago.
Sorry just thought of another question. If the plaintiff cannot produce the requested documents to support their lawsuit what document do I then file. PS there is a trial date set for July 18th.
Expert:  Dwayne B. replied 10 months ago.

If they don't have the documents necessary to prove the debt then you file a Motion for Summary Judgment with your affidavit saying you don't owe it and then their answers showing they have no evidence to prove you do owe it and no evidence to show that they have the right to collect it.