Dana

third party crediter

3 posts in this topic

Hi I'm in a lawsuit with a third-party creditor I answered  the summons  and 6 months later I received a request for admissions. Am I legally required to answer this I have no contract with them this is not the original creditor  and they want me to admit I owe this money to them which technically I don't

thank you

 

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20 minutes ago, Dana said:

they want me to admit I owe this money to them which technically I don't

If you had a debt that you didn't pay, and the plaintiff purchased that debt, technically you do owe the new owner.  It says so right in your credit card or loan agreement.

As far as the admissions they are asking, we have no way to know how to tell you to answer without seeing what they asked.

California has some interesting laws that don't exist anywhere else in the country.  The basic idea is that whoever is suing you must make their witness available to you at an address that is no more than 150 miles of the court you were sued in for a period of 20 days before the trial.  That's one way you can attack this, but the problem is Midland, PRA and Cavalry have offices all over the country and it wouldn't be out of the realm of possibility for them to use a witness out of an office that is within 150 miles of a LA courthouse.  The other problem is I believe there are timing milestones that must be adhered to that depend mostly on when your case is set for trial.

The other option you may have is arbitration.  This is predicated on there being an arbitration provision in the original credit card or loan agreement, and that the agreement doesn't have language that precludes using arbitration in your particular situation.

Again, you didn't really give us much info to go on, so all I can give is a very general response.

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2 hours ago, Dana said:

Am I legally required to answer this

You can skip answering but under the law then the answers are deemed admitted and you make their case easier for them.

2 hours ago, Dana said:

I have no contract with them this is not the original creditor  and they want me to admit I owe this money to them which technically I don't

Actually you do owe them and that is basic contract law whether it was in the card agreement or not.  If the original creditor sells the debt to a new owner the purchaser (assignee) gets all the rights and responsibilities the original creditor (assignor) had.  That included suing to collect on the debt.

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