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good intro into how to defend yourself against JDB and CA


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Its from Illinois so there is some specific stuff for that state but there is also lot of very useful stuff there for all other states as well.

http://www.illinoisprobono.org/calendarUploads/Course%20Materials%20April%2023%2008.pdf

there is an issue with this I have found. they speak of states rights and UCC-9-406. That is for secured debt only...doesnt deal with credit card stuff.

more from a really great case here.

"ucc 9-406" "credit card" - Google Scholar

do a search for "406" and you'll get to

Addressing these concerns in the context of secured transactions, UCC 9-406 (a) provides that a debtor can discharge a debt with the assignor until authenticated notification that the debt was assigned is provided to the debtor. Upon such notice of assignment and as an additional protection, a debtor may, under UCC 9-406 © request reasonable proof of the assignment and until such proof is provided payments made to the assignor will count towards the discharge of the obligation. The Court is not aware of any similar safeguards in place with regard to assignment of retail credit debt, and questions whether such lack of notice constitutes at worst a deceptive business practice under General Business Law 349, or at least an invalid assignment, although the Court will save this issue for another day.

Edited by drummer55
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