How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lucy, Esq. Your Own Question

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 18824
Experience:  Lawyer
Type Your Legal Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

Hi, I am being sued for Debt Collection on a Credit Card

Resolved Question:

Hi,

I am being sued for Debt Collection on a Credit Card from a Junk Debt Buyer and drafting up an answer to the Civil Complaint I received. I live in Pennsylvania and am not sure if "Lack of Standing" is a valid reason for denial of claims made in a Paragraph. The specific paragraph I am inquiring about states that the "Plaintiff is current owner of, and/or successor to, the obligation being sued upon, and was assigned all the rights, title and interest to Defendant's . . . account XXXX". However the only "records" provided is a previous Bill statement from 04/2011. Is this a legitimate reason for denial in PA?

I don't see an affidavit that shows the Plaintiff's Indebtedness and Ownership of Account for which they are suing me for, only a verification of a Legal Specialist authorization and knowledge of accounts records on the plaintiff's behalf. Does the Plaintiff only need that verification for this Civil Action?

Thank you for all your expertise,
Long
Submitted: 10 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 10 months ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

Lack of standing is an affirmative defense. Defenses are usually listed at the end of the Answer, after all of the admissions/denials. It can also be raised separately as a Motion to Dismiss. Essentially, what standing means is that the party that is suing does not have a legal stake in the outcome of the claim. If a party raises lack of standing as a defense in the Answer, and the Plaintiff cannot prove at trial that they bought the debt and have a right to collect it, the Defendant can ask the judge to rule in his favor.

If they attached something that are calling a verification of authorization and knowledge of account records, that sounds an awful lot like an affidavit of indebtedness, just by another name. This article has some information that may help in trying to strike that document and have it removed from the record.
http://www.creditinfocenter.com/legal/motion-to-strike-affidavit.shtml

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 10 months ago.

This is the text of the Verification page that was after the Civil Action and Records regarding my account, so I can be sure that you agree that it's an Affidavit under a different name.

Verification


XXXXXX, being duly sworn (or affirmed) according to law desposes and says that I am deployed as a Legal Specialist for Midland Credit Management, Inc ("MCM"), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make these statements herein based upon personal knowledge of the account records maintained on plaintiff's behalf. I am authorized to make this verification on plaintiff's behalf. The facts set forth in the foregoing pleading are true and correct. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.

Expert:  Lucy, Esq. replied 10 months ago.
Yes, that's an affidavit.
Customer: replied 10 months ago.

Thank you for the responses, Lucy.


 


I just had one more question to wrap this question up. As I am replying to the actions that are listed in Paragraphs in the Civil Action, how would I respond to:

7. Attached hereto are records regarding the account and/or payment(s) received.

Does admitting to Paragraph 7(of the record therein the Civil Action is a valid copy of a bill statement) affect the Affirmative Defense of the Plantiff's Lack of Standing?

Expert:  Lucy, Esq. replied 10 months ago.
If you don't have personal knowledge that those documents are, in fact, actual and accurate records from the original credit card company, you have the ability to state that you lack sufficient knowledge to admit or deny the statement. You can also do that if your account number isn't written on statement or there is you lack personal knowledge of whether that document applies to you or your account.

Admitting that an attached document is a copy of a bill from another institution doesn't mean you're admitting that the Plaintiff has a right to sue on it. You're just saying, "Yes, that is a credit card bill." But you don't have to admit it if you don't have actual knowledge that it came from the original creditor.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 18824
Experience: Lawyer
Lucy, Esq. and 21 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.