Search the Community
Showing results for tags 'bill of sale or assignment'.
Found 1 result
Statute 559.715 states: Assignment of consumer debts.—This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default. I received a summons on March 22, 2014 for pretrial conference. This was the first notice I had that CACH LLC had bought a debt they allege I have. Not only did they not give notice "as soon as practical" since they bought this debt on January 22, 2013, but they did not sent anything "at least 30 days before" the summons came. I want to take this to mediation with me so I can use it to request they drop the case. I have already send my answers to the court and the plantiff. The paperwork they sent included a bill of sale and assignment and an affidavit. But from all I have read, both of those really mean nothing and would be hearsay since the account number and name is not on the bill of sale. It is on the affidavit but the person signing as having knowledge sign it in Decemeber of 2013 for a debt that was sold in January of 2013. I would love to bring her in as a witness to see if she really knows this account. Any advice as far as when I would bring up the statute that was not followed in mediation? Thanks ahead. I have had to learn a whole lot the last couple of weeks so if I am saying something wrong it is because I am on a huge learning curve. But I really think I can beat this.