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A liitle advice please...


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First off, thanks to all for the advice I've already gleaned from posts, it has been invaluable.

Am currently responding to being sued for "Breach of contract" on a credit card account by an out of state attorney representing Atlantic Credit & Finance. I have already replied to and answered the summons denying all but name and county I live in. No contract was attached to the complaint. Nothing at all was attached as evidence so that is how I denied the complaint. ACF and it's representation have claimed to be BOTH an assignee and a purchaser of the account. I understand they cannot be both. I do poseess evidence from a prior Attorney stating the purchase of the account by ACF.

Now have recieved Request for Admissions and Production of Documents that are designed to bolster their evidence. I have researched Washington State codes and have discovered that they are violating quite a few of them to include an RCW that states if the assignment was filed (it was not) with the court, it is presumed valid. My state also requires licensing and bonding and I have researched and found that ACF nor it's Attorney are. The Attorney has included that they are a Debt collector in papers.

Since they are in violation of several state codes, I am wondering if in response to the request for admissions that I can object based upon the illegal suit that was filed? Any help would be appreciated, I have to file my response the end of this week.

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Thanks for the bump, BV80! Perhaps a little more info will help in a response?

I am preparing my own Request to the Plaintiff but am really interested in the merit of this suit to begin with as I have found several laws in my state that have been broken in regards to the suit. The Attorney of record for ACF did not send me a verification statement as per the FDCPA, lawsuit was initial contact. They have included the standard I am a debt collector.... statemment. In addition, ACF themselves have never contacted me by phone or by mail. Another Attorney some time back sent me a dunning letter that started out as "Allow me to introduce you to Atlantic Credit & Finance" and goes on to say they purchased the account. I have received nothing from ACF. So, ACF I believe has not followed the FDCPA either as far as I am concerned. I might add that this account has been through several CA's.

Based on the laws that I have researched for my state, I have concluded this suit to be illegal. Should I use as a defense and state which laws have been violated as a reason to object to the Request for Admissions therefore thwarting their effort to get me to give them evidence they obviosly do not have? This way I don't give them what they are seeking. Any thoughts?

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