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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86711
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A collection agency has filed a civil suit against for my account

Customer Question

A collection agency has filed a civil suit against for my account with a credit card. Is that legal in North Carolina? I never had a contract nor agreement with the collection agency.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. On this website, I do not always get to give good news and I am afraid that this is one of these times.

I am afraid that it is legal. This is called "assignment" in contract law. A right under a contract may be "assigned" to another party. Debt is often bought and sold, just like mortgages. So what has happened here is that the original creditor has sold your debt to the collection agency who has then decided to litigate. They may do so, and they hold all the rights of the original creditor.

So yes, they can.

Often, however, they end up unable to prove the debt because they cannot get the contractual proof from the original creditor in time for trial. Please let me know if you need a sample ANSWER to file with the Court.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86711
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Will you please send me a sample answer to file with the court? Thanks for your help.

Expert:  Ely replied 1 year ago.

(edit ignore)

Expert:  Ely replied 1 year ago.
H,

Sure thing - please see below:

[caption] - TITLE AND PARTIES (just copy of their filing)

DEFENDANT'S ORIGINAL ANSWER (centered)

NOW COMES Defendant, YOUR NAME, named Defendant in the above-entitled and numbered cause, and files this Original Answer, and shows the Court:

GENERAL DENIAL
Defendant denies allegations in paragraph 1 of Plaintiff’s pleading.

Defendant denies allegations in paragraph 2 of Plaintiff’s pleading.

Defendant denies allegations in paragraph 3 of Plaintiff’s pleading.

Defendant denies allegations in paragraph 4 of Plaintiff’s pleading.

(etc)

Defendant denies each and every allegation of Plaintiff's Complaint, and demands strict proof thereof as required by rules of evidence and procedure for the State of North Carolina.

PRAYER
Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of Defendant, awards Defendant the costs of court, attorney's fees, and such other and further relief as Defendant may be entitled to in law or in equity.

Respectfully submitted,
Your Signature
Your name


(NEW PAGE)

CERTIFICATE OF SERVICE (centered)

I certify that on (date filed) a true and correct copy of Defendant's Original Answer was served to the opposing party.

Your Signature
Your name


Also, please see this guide for more - here.

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