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I am the defendant and I have requested the plaintiff who is a JDB's attorney to provide me documentation with my signature on it that shows I signed a contract with the JDB and agreed to pay them for any debt. Proof of how the JDB purchased the debt and how much they paid for the debt. I asked for a copy of the original contract from the original creditor and a detailed accounting or the debt. I received from the plaintiff a very bad copy of the back of a statement with a credit card agreement that clearly is unreadable and no where indicates my name or account number on it (I could have printed it myself) and I received an affidavit signed by their litgation manager that lists the name of the original institution, original account number, a current statement date which is 4/16/2009 and the account is from 1999 and has not had activity or payment on it since about 2001, but showed on a credit report that account was charged off as of December 2006 and

$6,216.00 was written off and $1,155.00 was past due as of December 2006.

There had been no activity on this account since about 2001 and now all of a sudden shows activity as of June 2008 when JDB bought the account. How can they sue for money that was written off? The plaintiff's attorney objects to my request for production stating it is not reasonably calculated to lead to discovery of relevant, admissible evidence. How do I object to their objection and compel them to answer and if they can not provide that information what do I do next. Also when I asked them to provide a copy of original signed written agreement between myself and the original credtior they said the document does not exist due to the nature of the contract in question. How do I object to that and compel them to provide this information and if they can't then how do I request a motion to dismiss on the grounds that they have failed to provide doumentation.

bsulli1043

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has not had activity or payment on it since about 2001

Did you claim SOL as a defense. AZ has a 3yr SOL on open accounts and a 6yr on written.

a current statement date which is 4/16/2009 and the account is from 1999

Request the date of the last payment. That can help determine the DOFD.

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No I did not clain SOL as a defense. I will add that into my response to their response to my request for documentation. I requested that they provide me documentation regarding the alleged account with original creditor and a detailed accounting and they provided an affidavit from their litigation manager with the alleged amount they have for the account and their fees... but that is not the original amount from the creditor since i found that the original creditor wrote off all but 1,155.00 and list that as the amount past due on my credit report that I just pulled. So reality is the JDB must have paid 1,155.00 for that account and now wants to collect on the whole amount of 7371.00 plus fees... I never agreed to pay the jdb anything and I am assuming that the reason that the original account shows activity is due the the fact that it started on the same month that the JDB bought the account and was their way of re-aging the account. But is it not illegal for them to try to collect on something that was written off as that means the original creditor used it as a tax write off and therefore can not receive double payment? What I want to do is to force them to provide documentation regarding the debt and because they are objecting to my request for that information, I want to object to their objection based on the fact that without that proper documentation and without them providing proper documentation regarding an itemized statement of how much the JDB paid for the debt they are attempting to collect more than they would even be entitled to since they did not pay the original debt amount and that I never signed a contract with them in any fashion. I was wondering how I would phrase my objection to their objections to my request for documentation.

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The JDB probably paid NO WHERE near $1155 for the debt.

Look at this article and this was before the credit system fell apart - I'm sure the prices have gone down further:

'Zombie' debt is hard to kill......(excerpt from article)

The amount that companies pay for bad debt depends on the type of account and its age. Interestingly, all the growth has led to increased competition, Legrady said, which has bid up prices for old debt. Since 2003, "fresh" debt -- the kind that has recently been written off by the original creditor and not yet placed with a collection agency -- costs a penny or two more for each dollar of face value.

But the price is still pretty cheap. In general:

Debts that are delinquent but not yet charged off by the original creditor can be purchased for up to 12 cents on the dollar, Legrady said.

Accounts that have recently been charged off: 7 to 9 cents on the dollar.

Accounts that are slightly older and on which a collection agency or two has already taken a whack: 1 to 3 cents on the dollar.

Years-old, out-of-statute debts: A penny or less.

The oldest debt is by far the cheapest, sometimes costing the collector 25 cents for every $100 in face value. If the collector can convince the borrower to cough up even $1, the company has made back its costs.

http://articles.moneycentral.msn.com/SavingandDebt/ManageDebt/ZombieDebtCollectorsDigUpYourOldMistakes.aspx

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