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pre-trial conference in the morning


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Could some one quickly help me with a small question. I have a debt which defaulted on March 20, 2003 for the amount of 6052.03 the lawsuit ended up being dismissed with prejudice by the plaintiff. I now have a second lawsuit. Could you please tell me what interest rate would be used to calculate the amount now being requested. Would it be the creditors APR rate or the States statutory rate? When the account was signed to another CA would that CA be required by law of the assignment?

It is my intention to request dismissal based on the fact that I have received NO evidence of assignment. I am requesting documentation between the creditor and the assignee as proof that I would be liable in this suit to the Assignee. I am also requesting the orginal signed contract that would state if I am liable to an assignee and what my rights would be in a suit with the assignee. Am I at all on solid grounds with these disputes? :roll: Thanks again.

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I think you are going down the right path with this by asking them for proof that the debt was assigned to them. You would have to look at your state laws in reference to the amount off interest they can charge.

If they provide a copy of the signed contract, make sure it is the complete contract, not just the part wih the signature. If it is only the signature, make them produce the full contract since you had an agreement with the original creditor. Look for language in the contract the states assigns or assignee and challenge that.

Bring up the 1st case and swiftly bring up the details, such as they were not ready the first time and they insist on costing me a day off from my employer as well as wasting tax payer funds.

Good Luck tomorrow!

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please forgive me....I did mean without prejudice. I do know that it states that is my obligation to pay the assignor of debt until debtor receives notification authenticated by the assignor of the assignment of the account. Therefore...I am not obligated to pay the Assignee until such proof is furnished. I'm a little nervous, however, I really think I have a chance. At least, I know that it is there burden to show there contract with the CC showing the assignment. I was just hoping that I could make a plea for the orginal contract also. I am sure they would be unable to secure this because the orginal lawsut was attempted by the Original Creditor. Thanks for the support.

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