Written by attorney Peter Stanton Grain

Defense Against Debt Buyers of Credit Cards

Debt Buyers that purchase credit card debt often do not have proof of claim. When dunned or sued by a Debt Buyer, make the Debt Buyer validate the debt pursuant to the Federal Fair Debt Collection Practices Act including copies of assignment, application, agreement, statements. Most Debt Buyers lack such documents and cannot prove their case without it.

Check the statute of limitations in your state to see have it has run. The statute should run from the last transaction, payment or promise of payment.

Debt Buyers usually cannot provide a witness with personal knowledge of the account to testify at trial or make an affidavit. An affidavit with a sworn statement from an employee of the Debt Buyer is inadequate. An affiant must have personal knowledge of the creation of the account, the contractual terms, the payment and transaction history etc. A Debt Buyer’s employee would not normally have access to such information. Therefore, an employee of a Debt Buyer is usually incompetent to testify at trial and to make an affidavit which would normally be attached to a Complaint.

Since Debt Buyers lack the (1) documentation, (2) timely filed suit within the statute of limitations and (3) the witness testimony, many Debt Buyer claims can be dismissed with prejudice if suit is filed. I suggest you contact an experienced attorney in your area before settling with a Debt Buyer.

Best Regards

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