Jump to content

debt collector posing as oc

Recommended Posts

Ok so everyone should know about my judgement which they are trying to domesticate to G!. Come to find out I posted an affadavit that was signed in ga yet they got the judgement in mi thru the help of someone I found out its a debt collector posing as the oc. Credit Card Debt Lawsuit - Collection Agency Acting As Original Creditor. I googled the address which was there. What can I do I'm filing to have the motion dismissed. I honestly don't believe cap 1 is involved anymore. Hanna told me they are representing cap 1 but this address isn't cap 1 also the person who signed the affadavit.said they were an agent of cap 1. Here is the thread http://www.creditinfocenter.com/forums/post-judgment-forum/312797-my-case-crap1-found-stack-papers.html#post1154908

Link to comment
Share on other sites


A creditor which sues a consumer to collect a debt must be the real party in interest. This

means that the creditor is the party to whom the consumer owes the debt. The proof of the real

party in interest is straightforward if that party is the original creditor. The modern function of

the rule in its negative aspect is simply to protect the defendant against a subsequent action by

the party actually entitled to recover, and to ensure generally that the judgment will have its

proper effect as res judicata.

The issue of the real party in interest is largely a procedural requirement and should

never become more important than the purpose which it seeks to accomplish. When a

consumer’s account is assigned or sold, a transfer of all the interests and rights to the account

takes place. The assignee thereafter stands in the shoes of the assignor and may enforce the

contract against the consumer.

Documentary proof is not necessary to establish an assignment when the allegations of

such assignment in the complaint are not contested. A proper affidavit submitted with the

application for a default judgment satisfies legal requirements and copies of the assignments are

not required. Asset Buyers take the rights that their predecessors had and have the right to bring

actions to collect the debts owed to their predecessors.

"Note" such assignment in the complaint is not contested

Edited by racecar
Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.