Defenses to a Collection Case

[Bundajhar]

My question involves collection proceedings in the State of: Arizona

1. Who's suing? Hammerman & Hultgren
Original creditor? Capital 1
Capital 1 charged off due to credit report.
Owe H&H the money now due to credit report.
*If due to H&H, why suit filed under Capital 1? False filing? If due to Capital 1, why listed on CR as due to H&H? FDCPA violation? In either case, should I motion to strike or dismissal?


2. Last activity? 5/29/07. So SOL on SOL?


3. Is a "Request for Admission" the same as a "Disclosure Statement"? Can't these points just be brought up in court? (proof of original contract, statements, all correspondence, notes, recorded conversations regarding this debt, complete list of debt collectors who have been assigned this debt)


4. Would a motion to strike based on "Insufficient Specificity of Pleading" stand up in AZ? If yes, is there a specific case I could refer that states "Account stated theory is based upon 2 EQUALLY SOPHISTICATED parties having an ongoing business relationship. This is not the case in Consumer credit card transactions."?

[Mr. Knowitall]

The fact that your creditor uses a collection firm or agency does not change the fact that you owe your creditor the money.

If you admit that your last activity fell within the statute of limitations period, then a collection suit remains viable.

I am not going to speculate about documents I cannot see. If formal discovery has been served consistent with the applicable rules of court, you are expected to respond in a timely manner.

I have no way of knowing what it is you think is "insufficient" about the complaint. I again do not want to speculate about a document I have not seen.

If you want to look for case law, you can use sites such as Google Scholar, or any number of for-pay sites that have more complete libraries. But there is no state in which a lawsuit on an account stated (a statement of account) can only be brought against a sophisticated customer.

[Bundajhar]

Thank you so very much for your help! I do know the "Insufficient Specificity of Pleading " has been used in Idaho. The judges did rule favorable for the defense in those cases. I will definitely use the link you gave me! Again, thank you! "