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Nelson & Kennard: Named Plaintiff is not True Plaintiff in Summons and Complaint - how common?


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Newbie here.

Tried to find this situation amongst the Forum. OC is Barclays Bank Delaware. They charged off my CC. Received calls for months from Nelson & Kennard. Was substitute served. I've tried to contact OC who passed my call to trakamerica (DC).

My credit reports show charged off, closed by guarantor. So, N&K is a DC. Wondering how common it is for them to (or any DC) to not name themselves as True Plaintiff?

The Cause of Action is Common Counts and not Breach, as you might expect in a cc case. No supportive documentation, just over $2K. I filed a general denial (verified, as was their complaint).

Before I filed my Answer, they called me at work (via reception, told them to put them to voicemail. They didn't leave a message)!

Thoughts? Shady, right?

Edited by the brat
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Guest usctrojanalum

From what you described N&K should not be named the plaintiff under the fact pattern you set forth.  And it's a lot less common than the stuff you would read on the internet would lead you to believe.

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@the brat

 

Charged-off and closed doesn't mean that the OC has sold your account.  If the OC's entry doesn't show that the account was sold or transferred, then they still own it.  N&K is a law firm that is merely representing the OC (plaintiff) in the lawsuit. 

 

If you were to sue someone and hire an attorney to represent you, you'd still be the plaintiff.

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Thank you both for your responses. 

 

In my haste, I forgot to mention that if the Firm representing the named Plaintiff actually bought the debt, would they still name the OC as the Party in Interest? Pardon my "drilling down", but on my copy of the S&C the "stamp" from the Court was a Judge who had retired earlier in the year. The Judge's last name wasn't spelled correctly and they failed to note I was substitute served. 

 

I was suspicious and started googling because it seemed shady. I've heard of fake S&C's sent out by DC's and JDB's. So, I landed here (sadly a few weeks late) and have found a lot of helpful information.

 

Sorry if I'm reading into this too much. I've never been sued before so this is totally new to me. I just thought it strange that Nelson & Kennard would call me at work a few weeks after I was served. Again, I'm new. IDK what is protocol.

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