anti-something Posted August 19, 2004 Report Share Posted August 19, 2004 ok, everyone line up and tell me im insane... but i am seriously considering a complete C&D at this point.CA is STILL screwing up the reporting of this alleged debt, i am concerned about rate-jacking, esp right now while im still struggling with these medical bills/lack of income issues. so my spending habits have changed, i dont need any more red flags being sent up.If i send a complete C&D that will mean they cannot reply to a dispute thru the CRAs right?they HAVE to sue under the name they used on the contract right?hmm, ok, what does this mean?TRCP 28 SUITS IN ASSUMED NAMEAny partnership, unincorporated association, private corporation, or individual doing business under an assumed name may sue or be sued in its partnership, assumed or common name for the purpose of enforcing for or against it a substantive right, but on a motion by any party or on the court's own motion the true name may be substituted. Link to comment Share on other sites More sharing options...
Methuss Posted August 19, 2004 Report Share Posted August 19, 2004 C&D does not lmit their ability to report info to the CRAs, only in sending correspondence/calling you.Generally, the CA cannot sue under their own name unless they bought the debt.TRCP 28 means that you can require them to amend a court action's documents with their true business name if they are using an alias (dba..doing-business-as) name. Link to comment Share on other sites More sharing options...
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