My question involves collection proceedings in the State of: Georgia
I have received this week a summons for a lawsuit on a HELOC that was part of a home I had that went into foreclosure in 2008.
The lawsuit lists as the Plaintiff the name of the original creditor (Chase) and the lawyer works (or is contracted by) a large junk debt buyer.
I am under the impression that many cases are filed by junk debt buyers listing the original creditor as the plaintiff - when in actuality they have purchased the debt and now own it. I guess this as done as a loophole to avoid the chances of losing the chain of custody.
In my response, what exactly do I need to ask for to ensure that the JDB is simply acting as an attorney and has not purchased the debt? I figure calling them is NOT the answer!
I also noted that the amount that the Complaint is seeking is not the same as the amount that has been charged off per my credit report. (It is off by about $1,000...and $5,000 if you include "late charges and interest." Adding in legal fees the numbers are off by around $10,000.)
Attached to the Summons/Complaint was a copy of the signed HELOC Agreement and a copy of the HELOC Credit Security Deed. Nothing else was included in what the Sheriff gave to me.
In filing my answer, what AFFIRMATIVE DEFENSES should I list (with an asterisk next to any no-brainer ones.)
What should I be seeking in my REQUEST FOR PRODUCTION (documents)?
Thanks to all who help!