Legal Question in Credit and Debt Law in North Carolina

Owner of the debt or not?

I'm being sued by a collector. In the complaint, the collector is listed as the assignee of the original creditor. In the complaint, the plaintiff says that they own the debt, but they also state that they have been hired by the original collector to collect on the debt. Can they both own it and have been hired? Do they really own the debt? Could I assert as a defense that they have no standing to sue?


Asked on 12/05/07, 3:39 pm

1 Answer from Attorneys
Lynn Coleman Attorney-Mediator

Re: Owner of the debt or not?

The affidavit is sufficient evidence for a Motion For Summary Judgment or a default judgment. If you do not answer the complaint, the affidavit is god enough to support a judgment against you. You need to promptly consult with a lawyer who can help you prepare any defenses you may have to the lawsuit. Moving to exclude the affidavit will not work in most circumstances.

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Answered on 12/07/07, 8:38 am


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