Legal Question in Credit and Debt Law in California
if a collection agent has purchased a charged off from a credit card company and sues to collect, but can not produce the original signed contract or any statements, can a defendant effectively ask for a dismissal?
3 Answers from Attorneys
Not exactly. You must conduct discovery to obtain sworn responses that do not produce any proof of the debt. Then you must file a motion for summary judgment. Or you can wait until trial, see if they have the evidence, and then if they don't move for "nosuit."
If this applies to you, consult an attorney before filing a response with the court. Your original contract with the creditor provides that they will pay your attorney fees if you win, so why wouldn't you?
You may have a claim against the collection agency under the Fair Debt Collections Act. We would have to review your correspondence to see if you have one. Other than any formal violation, you would have to obtain Plaintiff's testimony under oath that it does not have the documentation and then file a Motion for Summary Judgment.
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How do I file a response to a court on a collection suit Asked 10/03/10, 11:30 pm in United States California Credit, Debt and Collections Law