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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I live in Arkansas, Washington County. I am being sued by a

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I live in Arkansas, Washington County. I am being sued by a by Pinnacle Capital Financial LLC who checked my credit report and found that I had a auto loan from TD Auto Finance which was charged off as a bad debt with 0 balance in 2009. This Pinnacle Capital Financial LLC is sueing me for the balance of some where around 20,000, (orginal 18,118.00) Is this legal to buy someone's bad debt that has been written off and then sue that me? I am going to court May 6 (I have a local attroney) but what to know what my options may be?

Thank you, Beverly
Has your attorney filed an answer with the court?
When were you served with the complaint in this matter?
What is the purpose of the court hearing on the 6th?
Customer: replied 3 years ago.

I believe he is denying these charges and that is why Im going to a "final hearing"? He told my husband that since we did not get the opportunity to go to the auction on this car that we could not be sued?

Customer: replied 3 years ago.

I received this from my attroney, ORDER OF CONTINUANCE. Now on the 4th day of April, 2013 is presented the motion for continuance filed herein, and the Court finds good cause exists to continue the present trial setting of March 28, 2013 to May 6, 2013. (other party, plaintiff, ask for a change of date due to conflicting schedule) at the Washington Courthouse Annex. Signed by JoXXXXX XXXXX Circuit Judge Does this Pinnacle Capital Financial, LLC who bought this debt (which I call 3rd party) have a valid law suit?

DearCustomer- I am sorry to hear of this situation as I know it can be stressful whenever you are served with a suit. If you are represented by counsel then your attorney should have all the details of the case and be able to prepare your defense for trial and the fact that this is going to trial is a good indication that there is at least a valid defense. I will try to address the question you asked with respect to a third party being able to file a suit but I cannot analyze the entire case as to all the possible defenses and I'm certain your attorney has already done that. Whenever there is what we call "commercial paper", meaning things like mortgages or car loans or other chattel mortgages, the "paper" can be sold by the original "holder in due course" to another party. That party then becomes the "holder in due course" and the first holder will typically write off the debt since the paper was sold (usually) at a large discount. Then the new "holder in due course" assumes the position of the creditor and has the right to sue for the entire amount of the debt. Generally they will accept something less than the total since they paid far less than the total to obtain the paper. So the third party has the right to sue but you still have the right to defend on whatever issues you or your attorney may have. I hope that explains the situation but if you have anything else please let me know.. I'm sorry this took so long but I can only type so fast!

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