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Virginia JDB requirements to prove they owe debt case law


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I thought that was very interesting.  Especially since she was pro se, lost, lost the appeal in circuit court, and took it to the court of appeals to get the case overturned.

I think there are some noticable differences though between this case and many of the cases on here.  This credit account was sold several times.  The account number supposedly changed at some point.  They only had an affidavit from someone supposedly from Synchrony who didn't have records and only said that the account number was changed three days before the account was sold to PRA.  That might be common, but I don't remember seeing that before.

It is good that the court was pretty harsh on robo-signing affidavits.  They also highlighted that the "Bill of Sale" didn't include account numbers and didn't have any attachments.  "Random spreadsheets with numbers do not meet the burden to prove who owns the right to recover a debt." This is probably a very good case to use if you are fighting a lawsuit in Virginia. 

It is especially interesting since PRA was hammered less than a year ago by the CFPB for, among other things, filing lawsuits for which it hadn't reviewed and lacked documentation to prove ownership of the debt.  Getting into debt and not paying your bills is not a good thing.  I have been in that position and am not proud about it.  However, the JDBs are very scummy companies and in my opinion are more of an issue than people who can't pay their debts.

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  • 4 weeks later...

Yeah I have to give her credit for being so persistent.  It's scary it took court of appeals to actually look at the case.  Seems like these JDB have some sort of business deals with circuit courts.  Also agree the numbers "jump" was very strong in her case along with the spreadsheet, plus the lack of document validation.   

 I have an affidavit from a records custodian from PRA and another from supposedly Synchrony media representative.  As well as a BoS with a spreadsheet.  Going to use that along with the CFPB lawsuits and see where that gets me. PRA also has two different amounts on my credit report, that has to be another violation also. 

Also Bulldoger you're the MVP! Thanks very much for your contributions.

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