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Bill of Sale are they done properly


mrdolliver
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I have one of those zombie collection agencys trying to beat the statute of limitataions on a debt long charged off, about four, five years back. He is representing to me that he has a Bill of Sale that has no detailed information on it, not my name, account or any info for that matter, Not notarized, no address of Unifund nor any address of who purchased the Bill of Sale. As I look at it, I would assume that a bill of sale should contain at least the full name and address of both seller and buyer and also the details of the debt or paper they are buying and selling. It doesn't even have the state in which the Bill of Sale was created. Basically just says BILL of Sale. Where do I go to find out how this Bill of Sale should be laid out, legally. Or are Bill of Sales for these old debts just plain pieces of paper with no other information required.

MRDolliver

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In any court, the minimum requirements would be something that identifies you, the account number, the original creditor, and the amount. If this debt chaser doesn't have at least that...invite him to take you to court and let the judge decide if just a piece of paper that says "bill of sale" is sufficient.

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Willingtocope has nailed it. Many JDB's produce assignments or bills of sale which are blanket assignments, which say something like "all accounts listed in Schedule A..."

I have seen court documents where the judge rejected motions for default judgment, stating that for blanket assignments, plaintiff must show proof the account in question was included in the blanket assignment.

DH

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First, thanks so much for the prompt reply. My blood pressure needed that. It looks to me like the Zombie Collection (Gulf Coast a$$) is putting all their eggs in one basket with this one sheet Bill of Sale, which has absolutely no reference to any person, place or thing, not an address, account number, what ever. Why I am so perturbed here is that I have exactly three others 'claims on the very same charged off card going back several years. All four zombie agencys threatening me over the same old credit card, all with in this same year. Only one of them has taken the so called ball and run with it, my game plan is to trip him up when in front of the judge. It is very clear that he paid out money for his stake in me, and he is fighting like it was his last dime, which I hope it will be in my case. I am gtetting the most pleasure by knowing he has paid for all the court events todate, and the end results will be the same, period. I am partially paralyzed, confined to a bed and chair, and pretty much on my last days with Post Polio, so in a way this gives me something to fight for, putting a Vulture in his place along with the other bottom feeders. Your encouraging information is most helpful...

Mike

In any court, the minimum requirements would be something that identifies you, the account number, the original creditor, and the amount. If this debt chaser doesn't have at least that...invite him to take you to court and let the judge decide if just a piece of paper that says "bill of sale" is sufficient.
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Yeah, I've been doing some investing with "Dr. Internet" myself on this Post Polio thing. (I've got some strange muscle weaknesses going on...current theory is its "Statin Induced Myopathy"). From what I've read, its certainly down right aggravating, but not neccesarly fatal. Keep fighting that also.

If you've had 3 other JDBs claiming to own this debt...then you've got a huge "chain of custody" type defense. Do some research on the forum here...

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I will take your advice. My obstacle is that getting to the court house either requires a gurney, or reclining wheel chair. To research those papers do I have to send someone with Power of Attorney? Also in going to trial, and requiring an individual to wheel me there and into the court room or judges chambers does this person have to have my power of attorney to stay with me. There are difficulties I will encounter in sitting upright to long, and I do require 'other' assistance. I would like to have my son-in-law take me since he knows of my condition and is big enough to move me around and push me in a wheel chair. I have caused quite a stir at the recent court room event, and being partially paralyzed (right side unable to walk at all, standing up for a moment requires assistance) The zombie is very intimidated by my presence and bark, which has always been my best asset. I was forced into mediation because I am unable to handle the wheelchair, so my bark came to my rescue. This time I do not want to be 'kidnapped' into the court room or Judges chambers without my son-in-law being able to move me out of there if I do not want to discus this matter with a firm I do not believe has the rights to take me to court. This is just a civil matter, I am not a criminal, have never even had a ticket when I could drive, never been arrested, but I do have a very obvious disgust for the Broward County Judicial System. And I do so enjoy this little extra breathe of excitement putting these zombies on the edge of their seats. So what can I do to ensure my son-in-law stays with me?

Thanks so much for the reply. First if you had Polio once, then you now have Post Polio, don't let them talk you out of that. Little can be done with Post Polio just pace yourself, and when body says its tired, rest..

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First if you had Polio once, then you now have Post Polio, don't let them talk you out of that. Little can be done with Post Polio just pace yourself, and when body says its tired, rest..

I did have a very, very mild case of polio...at least that's what a neuroligist told me explained a general in-sensitive to touch area on my back. That was long after I'd already had the vacines.

Obviously, I'm not a doctor, so I can't really dispute your diagnosis. All I'm saying is that so many of the symptoms you and I have (I'm not bed ridden...yet) fit in the "well, we can't find anything else wrong, so it must be ...." (fill in the blank).

The general fatique...musclle weakness...difficulty controlling muscles...numbness...joint pain...etc...get diagnosed by default as anything from fibromyalcia to post polio to statin induced myopathy/neuorpathy all the way up to ALS...because they can't find any other cause.

Do you take cholesterol medication?

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