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To MSj or Not to MSj


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That is the question? What can be considered a meaterial fact? Can an MSJ be won on a prima facia case?

1 Are you a collection agency? Admit

2.Were you the asignee of this debt from Dr? Admit

3. Do you report to all 3 Major Creit reporting Agencies? Admit

3.5 Do you know the date of 1st delinquicy? 12/08

4. Did you know this was a Medicare/Tricare issue Already Admitted

5 Did you Know the Statute of limitations had run out? Admit

6 Did you now this was not Mr. Crash5050's sole debt? Admit/Alleged Joint

7. Did you know the Dr had already been paid? Deny

9. Did you do due dilligence and contact the OC during investigation and re-investigation? Deny

It would seem to me that they have admitted that they are a collection agency trying to collect a debt assigned to them that was out of the statute of limitiations, reported to all 3 credit reporting agencies since 12/2008 on a debt that was "hold harmless" via Federal Statuteand that they did not contact the OC to Verify the debt was legitimate.

SOunds like an open and shut MSJ to me.

Advice?

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