Legal Question in Credit and Debt Law in Virginia

Re: How do I defend myself from debt collector

If the original creditor sold the account, then the court will accept that you owe the money to the new owner instead of to the original credit card.

It is generally accepted that if the new creditor (debt collection agency) has purchased the account, it stands in the shoes of the original creditor and is exactly the same as the original creditor.

However, if you challenge this point, rather than concede it or admit it, then the plaintiff MUST PROVE that they have in fact purchased the account and have the rights to the account. You can object and say that the plaintiff has not proven that they are the successor to the account. You would make this objection after they are finished with their case and you ask for a "motion to strike the evidence" to have the case dismissed. You would argue that (1) you should not be in the position of having to pay the money to TWO different people, if this plaintiff has not completely 100% taken over the account, including if the terms of that relationship are not perfectly 100% clear to the court. And second the plaintiff has not proven that they have actually lost any money. They have not proven any damages. Without their proof that they have purchased the account, tell the court that they should be awarded only $1 or $0.

I have represented such cases and pursued thousands of such debts. But I am disappointed that credit card companies selling their accounts can be very sloppy in not giving details or documentation.

In terms of whether or not you can pay, that is considered irrelevant.

THe only question before the court is whether or not you owe the money.

Questions about whether you can pay or how they can collect are entirely separate. That is the creditor's problem, and takes place only after the trial is over.

So the court will not care whether or not the account is uncollectible. That's not the question the court is trying to decide at the trial.

Re: How do I defend myself from debt collector

If the debt collection company purchased your debt from the credit card company, you now owe the $ to the debt collection company which

can take steps to enforce the debt once they obtain a judgment against you.