Some defense help please-court in one week

[lrogers621]

What is a defense against:

This account is on your credit report?

This statement is mailed to you monthly and has your correct name and address? See the balance on your account?

[Takin' Charge]

You may need to elaborate a little bit on your post.

Where is this information written? Did you get a summons or is this a collection letter of some sort?

If you could be a little more specific, you'd probably get a few good answers. Of course, none of those would be from me because I don't know enough.

[jwhite601]

looks to me like they are all "Yes, No, Don't know" answers.

Only you know the correct answers.

[lrogers621]

I am sorry. the title of the post is court in one week. These are questions that i am asking myself and then what my reply would be if ask in court by plaintiff's lawyer.

I do not want my answer to be unplanned. Am just looking at possible weaknesses in my defense before i am ask.

One other question: What if the plaintiff says the orginal creditor is x and I know that it is Y? x bought from y as the account no. is the same. can this destroy his case? How would i present the info?

thanks. i am new and inexperienced at this.

[Takin' Charge]

I'd suggest you start with these three links. These are messages posted in this forum. The information will probably answer most of your questions.

I'd especially advise you to answer the questions in this post first.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=242744

It will probably take you some time to get it all together and typed out, but if advise is what you're looking for the posters here will need this information.

Good luck to you.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=214300

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=247592

[lrogers621]

I have read all those posts and do see an answer to my concern about it's on your credit report. And the question about creditor's x and y do not fall anywhere in those articles. any help?

[kevin3344]

You don't have to worry about the plaintiff. The judge will simply ask you, "is this your debt?". Doesn't matter if it's on your reports or not. Hopefully you can come up with a good defense (like SOL).

[cjtx]

You should really answer the questions in the sticky "Q's to answer when posting in this forum - please read! " so we can help you in your specific situation.

You can fudge the amounts a little bit, if you are concerned about privacy. There is info there that you may think is irrelevant, but it makes a HUGE difference.

Was this suit filed in small claims?

As for one of your questions. If you dispute the amount, or the standing of the JDB, they have to provide a chain of title showing who they bought it from and trace it all the way back to the OC. So if they bought if from another JDB, they have to get their bill of sale, and so on all the way back to the OC. Then, they also need an affidavit from someone who works for the OC (not for the JDBs) claiming that they have personal knowledge of the account and that the amount due is correct.

[Lecasbas]

Original post by: lrogers621

This account is on your credit report?

You should object to this question because CR are notoriously inaccurate.

This statement is mailed to you monthly and has your correct name and address?

This is a real question that was asked of me in a case that was decided in my favor. I simply said that I do not recognize the aforesaid documents.

You could safely admit that that is your name and address and you do take your mail at that address. It does nothing to support the Plaintiff's implication that the statements ultimately must have been received by you at that address since your name and address, at which you do receive your mail, were on the purported statements.

Ideally the Plaintiff would need the "green card" from the US post office showing that the purported statements were in fact delivered to you.

See the balance on your account?

I am assuming that the balance is the amount referred to in the summons. The statements have not been legitimized...so goes the amount.

This poster has 2 great points to be followed.

Original post by: cjtx

If you dispute the amount, or the standing of the JDB, they have to provide a chain of title showing who they bought it from and trace it all the way back to the OC. So if they bought if from another JDB, they have to get their bill of sale, and so on all the way back to the OC.

Then, they also need an affidavit from someone who works for the OC (not for the JDBs) claiming that they have personal knowledge of the account and that the amount due is correct.

Don't let the judge do to you what this poster says might happen:

Original post by: kevin3344

The judge will simply ask you, "is this your debt?". Doesn't matter if it's on your reports or not.

This happened in my case but I turned the argument back to the legal right for the CA to collect the alleged Bad Debt. You may owe the Bad Debt but does the CA have the authority to collect? If it does not, it cannot. In fact, you may be the one walking away with money due to its violation of the FDCPA.