radioactiveman Posted March 27, 2007 Report Share Posted March 27, 2007 I've heard of a chain of custody defense (i.e. if a case goes to court, w/o a represenative from the oginal creditor to attest to the authencity of the documents the chain of custody has been compromised and thus the info can't be used against you.) How valid is that? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 28, 2007 Report Share Posted March 28, 2007 It's called Lack of Standing, as the holder has to be able to show how it comes to own the debt ( since you can't sue for another). The chain of custody refers to teh paper trail that must be established. Break the chain and the plaintiff has proof problems sustaining standing. It really does work. Link to comment Share on other sites More sharing options...
radioactiveman Posted March 28, 2007 Author Report Share Posted March 28, 2007 It's called Lack of Standing, as the holder has to be able to show how it comes to own the debt ( since you can't sue for another). The chain of custody refers to teh paper trail that must be established. Break the chain and the plaintiff has proof problems sustaining standing. It really does work.So if a dc/ca only has account statements, and not any form of letter saying some like:we abc credit hereby sell mr x's account #23294 to 000 collections. Etc.then no chain of custody can be established?? Link to comment Share on other sites More sharing options...
nascar Posted March 28, 2007 Report Share Posted March 28, 2007 They have to both prove the assignment and overcome your hearsay objections when trying to admit the proofs of assignment. You'll find more information on the subject by looking for "chain of title" rather than "chain of custody." Link to comment Share on other sites More sharing options...
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