Sued Over Default, Account Sold by Original Issuer

[seijimo]

My question involves collection proceedings in the State of: KY

Received a Civil Summons for $9k from attorney representing Midland Funding. On Complaint they list original creditor as Washington Mutual. Attached to the Summons was one statement with Chase, since WaMu declared bankruptcy and Chase purchased some of their operations.

Question is: Can I use a defense using something from the WaMu bankruptcy, Chase takeover and lack of documentation they would be able to produce during Discovery?

Other thoughts/past cases regarding defense for a credit card originally owned by WaMu and then purchased by Chase and then sold to a creditor like Midland Funding?

Advice is much appreciated!

Thanks.

[aaron]

You certainly can challenge the plaintiff's right to pursue the debt, and insist that they show how the debt was assigned to them. Sometimes that can delay things, or even cause a plaintiff to have to dismiss a case because they can't put the paperwork together (although you can expect the case to be refiled when they do).