Can an "Assignee" sue for OC's debt?

[NickTemt]

I have a judgment that was filed on 03/27/2008. This judgement was from "Arrow Financial Services", and they sued me for a debt that was owed to Best Buy/HSBC. Best Buy/HSBC is the original creditor, and on my credit report the OC has reported the debt on 01/2004, and updated it on 01/2006. The creditor's statement says "purchased by another lender". Then on "Arrow Financial Services" The original creditor says, "A.F.S. ASSIGNEE OF HOUSEHOLD BANK"... (the rest is cut off) The date opened was 12/2005, and reported since 04/2006, and updated on 04/2008.

Now... are they an "Assignee" or an "Owner" of this debt?

I just recently disputed this information with both AFS and Best Buy/HSBC. I have not disputed the Judgment.

Can an Assignee sue? Should I try and vacate the Judgment? Should I wait for the dispute to end, and request validation?

Any advice on this matter?

Thanks,

Nick

[BV80]

The creditor's statement says "purchased by another lender".

The account was purchased by Arrow.

Can an Assignee sue? Should I try and vacate the Judgment? Should I wait for the dispute to end, and request validation?

Yes, Arrow could sue because they claimed to own it. It's too late for validation because there's already a judgment.

Were you properly served? Read your court's Rules of Civil Procedure. Those rules will explain proper service and any possible remedies available to you.

[jackson212]

one of the reasons you will use in your motion to vacate is lack of standing.

if there is no bill of sale, or assignment document then include that as a reason.

standing is jurisdictional. if the court has no jurisdiction the judgment is void.

go dig up the file from the court and look at the documents that have been filed in your case. then go from there.

also, bv80 has good advice about reading up on service.

[NickTemt]

one of the reasons you will use in your motion to vacate is lack of standing.

if there is no bill of sale, or assignment document then include that as a reason.

standing is jurisdictional. if the court has no jurisdiction the judgment is void.

go dig up the file from the court and look at the documents that have been filed in your case. then go from there.

also, bv80 has good advice about reading up on service.

Should I do a debt validation with Arrow Financial in order to get that information about the bill of sale?

I have a copy of the judgment that was mailed to me by Abendroth and Russell, P.C. Apparently they are acting as attorneys for Arrow Financial Services.

I also have an initial "Right to Cure Default" from these attorneys regarding Arrow Financial Services. The paperwork says:

Creditor: Arrow Financial Services, LLC

Original Creditor: Best Buy

These guys got this done 1 year before the SOL was up. If I can somehow prove that there is no bill of sale between Best Buy and Arrow Financial can I use that as grounds to get the Judgment vacated even though the judgment was back in April of 2008? Also, what if the contract for Best Buy lists "assignees" as well?

the right to cure default was sent via usps, and they served me with a summons via county sheriff deputy.

What should I do first?

Edited December 20, 2010 by NickTemt

[VADebtor]

If you were served by a Sheriff and they got a judgement later because you didn't respond (a default judgement) then you won't be able to vacate for lack of service. Or are you saying a Sheriff served you something after the judgement was entered?

State law and RCP would cover whether you can go back now and try to contest the suit, I think it's very unlikely you'll be able to.

[Xcalibar]

I question the whether or not questioning the validity of the "Bill of Sales" as a stipulation for vacating a judgment...the court has already ruled that the Plaintiff was a valid Plaintiff due to the Defendant not responding to the Complaint...

I would venture to say the the most direct and efficient argument would be Lack of or Improper Service.

If the Defendant was never served with the original Suit, then he is entitled to due process and the judgment should be vacated on those grounds...I advocate using the path of least resistance.

[jackson212]

you need to your local rules with regard to vacating a judgment. standing is always a good one to use. a dv wont give you much but you can try. i do not know what the best method is at this juncture to obtain the bill of sale or assignment document because judgment has already been entered. but you can try, whatever you send you should save a copy for yourself as ammunition when you go to court.

as a back up, you will also use lack of service or improper service as a secondary reason which goes to the heart of personal jurisdiction. xcaliber is right. if you were never served, and if you can prove that you lived somewhere else at the time, this would immediately jump to the first and most important reason to vacate. they voided you due process as previously stated by xcal.

lastly, you should address the fact that you dont owe the debt, or the amount that they're sueing you for is wrong, etc.

if written well, those three should get you waht you need. make sure you have an affidavit in support of your motion which you should notarize

[609dad]

The account was purchased by Arrow.

Yes, Arrow could sue because they claimed to own it. It's too late for validation because there's already a judgment.

Were you properly served? Read your court's Rules of Civil Procedure. Those rules will explain proper service and any possible remedies available to you.

When you get the Rules of Civil Procedure it would be helpful to find an annotated version. This will give you much more insight into how courts have ruled on different aspects of the rules.