I'm being sued by a debt collector. The complaint/summons included a bill of sale from original creditor (no account specifics in the bill of sale) and a copy of the credit card statement showing the charged off amount. Would 'lack of standing' work as a defense in this instance? Can I request the original signed contract?
I have defended dozens and dozens of these lawsuits with great success. You should hire an attorney to assist you there are numerous loopholes which they will try to squeeze you. Going it alone means you are going to be held to the same standards as an attorney with respect to rules and procedure. But yes, written proof of the assignment is one of the key battlegrounds.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
It sounds like you are being sued by a debt buyer and not a debt collector. Blake is right. There a lots of great ways to defend these claims not the least being setting them up for a claim for damages under FDCPA. You need a lawyer who can handle theses types of cases.
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