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Husband being sued in PA by Remit Corp for Unifund


molly
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I'm not a lawyer.

"Why would they file suit at this high rate?"

If the debtor ignores it and doesn't challenge it - they win by default at the high rate. In the event they find a winner and can attach bank accounts or valuable property or wages- they would get it.

"a generic citibank agreement from 1999"

Time-barred by SOL??? (depends on your state) Would need to assert this as an affirmative defense in your answer.

Maybe whatever constitutes legal aid in your area (Florida has "Legal Aid" - Colorado "Legal Services") - i.e. legal help for the indigent.

In any event whether you get a lawyer or not its terribly important to answer the complaint. At the minimum you can copy the header of the complaint, and deny every line item listed in the cause for action.

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Hi,

Thanks for the advice. I just finished my responses and have a convoluted question about usury law. I realize that national banks can charge more than a state allows, but when the account is charged off and closed by the original creditor, sold to a JDB, then assigned to a CA/attorney can they legally continue to charge that high interest rate? Do the CA/attorneys have a way to get around usury law? No one actually borrowed money from them and isn't the cc agreement cancelled when the OC closes the account?

Thanks

It depends on your initial CC agreement. It isn't cancelled, in fact it guides what the CA can charge. If it only says "reasonable collection fees may be charged" or similar - its up to a judge what "reasonable" means. I practically guarantee your original CC agreement has such a clause. Your using the account indicates agreement to that clause. Just like if you agree to waive a jury trial. Anything specifically not disallowed - is legal. Your state might have laws against such fees, but you'll have to find them.

Usury usually doesn't apply in a CC collections case. It's not a loan, its a credit account.

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