A client of mine was sued, and did the proper thing, answered the complaint immediately. Well, now the lawyers for a major Junk Debt Buyer in the Collection Industry whom I’ll just call JDB Collections for this post. I even recognized the law firm representing JBD Collections, who handles most of their cases. Well, whatever flunky newbie lawyer they got to draft the documents did a really terrible job. I’ll also call the Original Creditor (the credit card company) ABC Credit Cards.
All over the documents, my client was requested to answer the following typical statements:
- “The Defendant applied for a credit card from JDB Collections, assignee of ABC Credit Cards”.
- “The Defendant received a credit card from JDB Collections, assignee of ABC Credit Cards”.
- “The Defendant made payments for a credit card to JDB Collections, assignee of ABC Credit Cards”.
Ummmm – why would a consumer apply for a credit card from a collection agency?? I didn’t know collection agencies issued credit cards!
What a dumb lawyer. And who checked these documents?? Because of the way they are phrased….the consumer can truthfully answer “no” to any of those questions. Now you know what brilliant minds consumers are up against when a collection agency sues them.
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I just read your post and my jaw dropped. I’m currently being taken to court by more than likely the same JDB Collections…the excerpts you posted were almost verbatium what was sent to me…my issue is I don’t know how to repsond!!!
Try out discussion forums. Lots of information there.
The complaint was probably drafted by a legal assistant who didn’t know what he/she was doing and was signed without being reviewed (or was not reviewed thoroughly enough).