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I am being sued for breach of contract,but no contact is supplied by plaintiff. Court in Virginia

Christiansburg, VA |

I am being sued by a law firm/ debt collector for an unpaid credit card. I contacted the original creditor to try and resolve the issue, they advised they no longer own the debt. The firm suing me is identifying themselves as the original creditor and when I attended the hearing I requested a bill of particulars. The bill of Particulars only shows a statement from credit card dated when Original Creditor charged off account and their written statement advising why I am responsible for debt and references regarding other cases (ex: Read v. Gulf oil corporation 1998)regarding why no original contract would be necessary . Do they not have to provide original contract and proof they own the debt? Is this something I can use in my Grounds of Defense?

Attorney Answers 3

  1. Your defenses are affirmative in nature, that is, you must raise them, or they are waived..
    You should consider hiring a lawyer, as this is an area of law that is rather confusing and problematical, if you do not know the rules or procedures.
    You can find a consumer protection lawyer at

    Mr. Krumbein is admitted to the courts of Virginia. His advice is often based on Virginia and Federal law, however, you should consult a lawyer in your geographic area for more detailed advice.

  2. It depends on whether you acknowledge you in fact had a contract with the credit card company - if it is your account, then they likely will not need the written contract, and can proceed with an oral contract. If it is not your account, they will have a harder time proving their case. They will also need to show that the balance claimed is accurate, and that they in fact are the current holder of the account (i.e., that the original creditor's interest in this account was in fact sold to them). If they can not prove all of these things, they can not prevail. You may have other defenses as well. You should consult a local attorney who can assist you in reviewing and defending this matter.

  3. Absolutely. You're on the right track. The debt buyer almost NEVER buys the supporting documents that would clearly document your debt, interest rate, balances, monthly bills etc that sustantiate the debt.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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