Legal Question in Civil Rights Law in Florida

Credit Card Agreements

Can credit card company sell you agreement and the other party sue to try to collect?


Asked on 3/30/02, 6:54 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Credit Card Agreements

Yes.

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Answered on 3/30/02, 6:57 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Credit Card Agreements

Yes, they can assign the accounts.

Sometimes the cc companies do not formally assign

the cases, they simply have their huge

bookkeeping company sue in its own name.

Usually the directors and the officers overlap,

and the corporate addresses might even be the

same. Hold their feet to the fire. If they do

not produce an "ASSIGNMENT," move to dismiss the

case on the grounds that you do NOT NOT NOT owe

the plaintiff anything AND that you do NOT NOT NOT have a

contract with the bookkeeping company!!!!!!

Hold their feet to the fire.

The cc company might move to amend their

complaint to name the proper plaintiff.

It can get complicated procedurally and the collection attorneys, being in front of the same judges on a daily basis, can get away with "murder."

Tricks are galore.

Get their computer records (computer screens, etc.), when they charged late charges, etc. Lots of stuff proobably happened about which

you haven't a clue.

Good luck,

Barb

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Answered on 3/30/02, 7:09 pm


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