drummer55 Posted January 12, 2012 Report Share Posted January 12, 2012 (edited) Its a different creditor who is the plaintiff and a different amount....but the same account number.i'm going through the FDCPA to see what exactly they've broken this time but I'm wondering if anyone had thoughts on how this could help with my active defense? Edited January 12, 2012 by drummer55 Link to comment Share on other sites More sharing options...
Coltfan1972 Posted January 12, 2012 Report Share Posted January 12, 2012 Yeah, the agency you sent the DV letter no longer owns the account. They sold it to somebody else, after they sent you the requested DV. That somebody else probably said we are not wasting our time on games and just sued. Link to comment Share on other sites More sharing options...
drummer55 Posted January 12, 2012 Author Report Share Posted January 12, 2012 Yeah, the agency you sent the DV letter no longer owns the account. They sold it to somebody else, after they sent you the requested DV. That somebody else probably said we are not wasting our time on games and just sued.you'd think that was the case but it was the same law firm representing both... can they just switch things around like that? oops this guy went out of business so I guess I'll sue for this guy with different amounts? Link to comment Share on other sites More sharing options...
Coltfan1972 Posted January 12, 2012 Report Share Posted January 12, 2012 The same law firm can have multiple clients. In my area there is one attorney that represents and sues on behalf of just about all junk debt buyers. It's not that odd or that big of a deal. In fact, who cares. They sued you so they have to prove standing. The issue for the case is does the Plaintiff that sued you own the debt, not how many different creditors the atty does business with. It's really a non issue. I would start getting my discovery requests prepared. Link to comment Share on other sites More sharing options...
KentWA Posted January 12, 2012 Report Share Posted January 12, 2012 Details matter. What is the time frame between your DV and the suit? Could someone be confused as to who really should be paid? Is the amount claimed radically different or could interest be the difference? Link to comment Share on other sites More sharing options...
nascar Posted January 12, 2012 Report Share Posted January 12, 2012 Its a different creditor who is the plaintiff and a different amount....but the same account number.Also, don't forget, when you ask for verification under the FDCPA, the collector must identify the original creditor. Since the account appears to have been sold, it stands to reason that you would be sued by someone other than the original creditor. Link to comment Share on other sites More sharing options...
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