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Sued by Barclays Bank Delaware


59INNINGS
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Plaintiff is Barclays Bank Delaware

Plaintiff represented by Sessoms & Rogers, P.A.

Amount being sued for is $3,629.38 plus court costs

Barclays is the original creditor

I was served by the sheriff civil summons

Have not answered yet

I live in Mecklenburg County, North Carolina

Last payment made on this account was a little less than two years ago

I believe SOL is five years?

My question regarding this...  since most of the legal advice found online regarding debt summons involve collections agencies or junk debt buyers, does the fact that this lawsuit is filed by the original creditor mean I really have not defense?  The affidavit attached to the complaint appears to be given by a "representative of Barclays Bank" who is "familiar with the account".  I am preparing my answer now as it is due in about a week.  Since this appears to be the original creditor, do I have much defense?  Should I still file a motion to strike the affidavit?  One other strange thing is that I thought this debt had been sold or transferred to a collection company, Northstar Location Services, as I had received collection notices from them regarding the debt.  However, the summons clearly states that Barclays is the plaintiff here.  Any advice is very much appreciated.  Thanks!

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23 minutes ago, 59INNINGS said:

My question regarding this...  since most of the legal advice found online regarding debt summons involve collections agencies or junk debt buyers, does the fact that this lawsuit is filed by the original creditor mean I really have not defense?

Pretty much.  The defenses you read about on sites like this are based on the debt being sold not the original creditor suing you.  They filed within the SOL so that defense is not available either.  It isn't that an OC suit can't be won but it is really hard.

24 minutes ago, 59INNINGS said:

Since this appears to be the original creditor, do I have much defense?  Should I still file a motion to strike the affidavit?

You can try and strike the affidavit but the reality is the creditor can file one to attest to their own records and the court will accept it.  The affidavit is a problem for junk debt buyers and easily stricken in those cases because they are frequently attesting to records of the original creditor which their employee cannot do.

They have standing to sue so you cannot challenge that.  They are within the SOL so that is off the table and the affidavit will meet the business records rules of evidence.  Unless you have ID theft where you can legitimately testify the account is not yours I don't see any affirmative defenses available.

26 minutes ago, 59INNINGS said:

One other strange thing is that I thought this debt had been sold or transferred to a collection company, Northstar Location Services, as I had received collection notices from them regarding the debt.  However, the summons clearly states that Barclays is the plaintiff here.

Barclays likely hired Northstar to try and collect and when they didn't they pulled the account back from collections and filed suit.  It won't affect the suit.

Your options are to look at the card agreement for the account and see if arbitration is an option.  It might scare Barclays into backing down or to settle before trial.  Unless you have a large amount of other debt bankruptcy is not a good choice for a debt this small.

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