Ownership One of the great pretenders in your life is a third party creditor. Attorney’s offices often set up third party creditors who appear to look and act as a collection business. The attorneys cannot buy alleged debts and then sue in their own name, so they use collection businesses as false fronts to buy debts which were written off by original creditors.
The attorney’s office representing the dummy collection business can probably never prove the debt you are alleged to owe. That is because the debtor doesn’t have a contract with the dummy collection business.
Most credit cards do permit the assignment of the ACCOUNT. They DO NOT permit the re-assignment of the DEBT. That is, the credit card company can sell or transfer the debt to another bank or collection agency. However, there is no authorization to transfer the debt to a third collector, such as the dummy collection business, unless the contract is produced to show that fact, and few do.
If they have a judgment against you, it is probably void! When they sue you, keep in mind they never or rarely attach a copy of the contract to the complaint. Nor can they produce anyone with first hand knowledge of the facts which are essential to supporting their case.
Here is how they work.
• Usually, the original creditor is required to write off the bad debt within 180 or so days.
• The original creditor, credit card or loan company sells its list of bad debts to collection agency A
• Collection agency A sells it to collection agency B
• Collection agency B sells it to collection agency C who sells it to the dummy collection business the attorney’s has set up as a front.
• The dummy collection business usually says in it’s complaint that “we have purchased the debt” leaving the impression that they bought it from the original credit card or loan company.
• They usually do not have proof of the alleged debt (i.e. the contract) which is required, nor can they prove that they are the new owners of the alleged debt. As mentioned earlier, there is no authority to make more than one assignment.
• This third party collection business has NO standing to sue you. Attorney’s all the time sue debtors in the name of the original creditor, but keep ALL the money they get from the debtor through the lawsuit..
• This omission deprives the court of power to enter judgment. If you are contacted by ANY collection agents BEFORE any court action takes place, first send them a copy of this letter validating the debt. DO NOT call the attorney’s office and ask them if they have the contract. If they did, it would be in your file. To continue, you will need a copy of your court file which you can get from the clerk.
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