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Lucy, Esq.
Lucy, Esq., Attorney
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Hi, I am being sued for Debt Collection on a Credit Card

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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
Hi,

My name is XXXXX XXXXX I'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

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Customer: replied 3 years 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.

Yes, that's an affidavit.
Customer: replied 3 years 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?

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.
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