Determined1 Posted March 23, 2011 Report Share Posted March 23, 2011 Hi,In a lawsuit collection issue over a disputed account, does a chain of title and related Affidavit have to be specific to an account, or can it be more general in nature, ie. "Company B purchased all the assets and accounts of Company A." Link to comment Share on other sites More sharing options...
BV80 Posted March 23, 2011 Report Share Posted March 23, 2011 or can it be more general in nature, ie. "Company B purchased all the assets and accounts of Company A." That's all your going to get from a JDB. You can then point out that your name and account number are not referenced in the bill of sale or the affidavit, therefore, they have not proven they purchased any account allegedly owed by you and have not proven they own the alleged debt. Link to comment Share on other sites More sharing options...
nrgins Posted March 23, 2011 Report Share Posted March 23, 2011 Hi,In a lawsuit collection issue over a disputed account, does a chain of title and related Affidavit have to be specific to an account, or can it be more general in nature, ie. "Company B purchased all the assets and accounts of Company A."I think it's a good argument that if your name and/or account number aren't specified in the bill or sale (or some document that contains your name or account number), then how do we know that the bill of sale pertains to you, as opposed to some other defendant? I had a bill of sale kicked for that very reason. But I think a lot of it depends on the judge. Definitely worth pursuing. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 23, 2011 Report Share Posted March 23, 2011 Hi,In a lawsuit collection issue over a disputed account, does a chain of title and related Affidavit have to be specific to an account, or can it be more general in nature, ie. "Company B purchased all the assets and accounts of Company A."This is really going to be up to the judge whether it is acceptable or not. I'm sure some judges are going to say, no - not acceptable. While others will find it adequate.Argue that it should be specific to your account, and hope that the judge agrees with you. Link to comment Share on other sites More sharing options...
Prosay Posted March 23, 2011 Report Share Posted March 23, 2011 Also, the BILL of Sale or PURCHASE agreement may reflect ONLY the PORTFOLIO WHICH THEY PURCHASED, and may not prove that your account was included in that SPECIFIC PORTFOLIO..hence, your request that they prove actual ownership of your specific account and also "valuable consideration paid" for your account.Just sharing my thoughts...not to be construed as legal advice. Link to comment Share on other sites More sharing options...
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