Cap321 Posted October 11, 2010 Report Share Posted October 11, 2010 Hello Everyone, I found out that the OC charged off and sold my alleged debt to a JDB. Now the JDB's lawyer is trying to sue me. I have already sent a debt validation to lawyer and received only some copies of a monthly statement with my information and the amount of the debt. I answered the summons but I didn't include any defenses. The JDB's lawyer now sent me some interrogatories, request for admissions, and request for documents to fill out. All the paper work I have has the original credit card company listed as the plantiff. Is that right? What are some of my defenses? I have been searching this website a few days and there is so much information. Any advice? Link to comment Share on other sites More sharing options...
BV80 Posted October 11, 2010 Report Share Posted October 11, 2010 If the OC sold the debt, the OC cannot be listed as the Plaintiff. The OC would still have to own the debt in order to be the Plaintiff. Check your credit report. If the OC has sold it, the CR will say sold/transferred. If you haven't accessed your credit report in the past year, you can look at it for free on the CRs website. Link to comment Share on other sites More sharing options...
Cap321 Posted October 12, 2010 Author Report Share Posted October 12, 2010 thanks for the advice BV80, I just checked my credit report and the Credit card debt is not even listed. I checked my report last year and the Credit Card company had it listed as collection account/account closed by credit grantor.Is that normal for the Credit Card company to take the information off my report? Link to comment Share on other sites More sharing options...
BV80 Posted October 12, 2010 Report Share Posted October 12, 2010 I've never seen a tradeline removed unless it was past the 7 year limit, or it was removed due to a dispute. Maybe others who read this will have an opinion. You said a JDB bought the debt. Are they reporting on your CR? Link to comment Share on other sites More sharing options...
Cap321 Posted October 12, 2010 Author Report Share Posted October 12, 2010 yes, A JDB bought the debt. I don't see any information from the JDB on my report as well. The debt is not pass the SOL 7 year limit. Link to comment Share on other sites More sharing options...
Massive Posted October 12, 2010 Report Share Posted October 12, 2010 yes, A JDB bought the debt. I don't see any information from the JDB on my report as well. The debt is not pass the SOL 7 year limit.Don't fall for the "check your credit report" to determine who owns the alleged debt. I had two MBNA Accounts that went through the NAF as being owned by MBNA, and subsequently the awards were then confirmed to judgment in MBNA's name. I then disputed many times the entries on my credit reports. Bank of America got tired of my disputes and sent the dreaded "If you deny this account fill out this fraud notice." I called Bank of America and gave them an education on credit card securitization and demanded Ken Lewis' address and phone number. As soon as the phone call ended my credit report was changed to Zero balance, sold to another lender. GOD forbid anyone attempts to enforce the bogus judgments. I might add that no judgment has ever appeared on my credit report and I have perfect credit. Link to comment Share on other sites More sharing options...
Cap321 Posted October 13, 2010 Author Report Share Posted October 13, 2010 Thanks for the info,I spoke with the JDB's lawyer and I was told that the account was sold to a collection company I think NCI. The lawyer is working for NCI and has the original credit card company listed as the plantiff on the summons. How can the OC be listed as the plantiff if the JDB is suing me? Is that legal? Do I have any defenses? Link to comment Share on other sites More sharing options...
BV80 Posted October 13, 2010 Report Share Posted October 13, 2010 If it were me, I'd call the OC and ask them if they sold the debt. If they, in fact, have sold it to a debt buyer, then they cannot be listed as the Plaintiff, because they are not the real party in interest. If I'm not mistaken, you can either use the fact that the OC is not the real party in interest as one of your defenses, OR you might be able to file for a dismissal based upon that fact. Hopefully, some more knowledgeable members will chime in here. Link to comment Share on other sites More sharing options...
Cap321 Posted October 18, 2010 Author Report Share Posted October 18, 2010 How to file for dismissal as a defense? Link to comment Share on other sites More sharing options...
BV80 Posted October 18, 2010 Report Share Posted October 18, 2010 To be honest with you, I'm not sure how to file for a dismissal. You can file your answer to the complaint and use Lack of Standing (I learned that one from Massive) as one of your defenses. Lack of Standing means they are not the real party in interest and have no standing upon which to make a claim. Then at the end you can state something like "Wherefore the Defendant prays the Honorable Court dismiss the Plaintiff's case with prejudice."Have you talked to the OC to find out if they sold the debt? Again, hopefully, someone will chime in if I'm mistaken. Link to comment Share on other sites More sharing options...
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