[SaM5246]

My question involves collection proceedings in the State of: IL Dupage County


Last time I was sued by a LLC that had bought my debt for the second time (Bank>collection1>collection company 2)

Collection company 2 decided they would go to court. I of course put in a plea of not guilty. I was all prepared for the case because the Plaintiff had no evidence, they failed to mail me anything by the date the court had set for discovery.

Sure enough since they had nothing they did not show and I won.


However this time I am up against a law firm that is there everyday in the court and I know they will be there. I doubt they will have any sufficient evidence. (they are also representing a third party company that bought the debt)

What are some reasonable pieces of evidence required for the defense to prove a debt?

I would ask for the following:

1. Signed card holder agreement
2. Statements to show how the debt accrued (bank should have this)

If they try to present evidence that they did not mail me what objection do I make? It's been a while since I took a law class

[aaron]

This is debt from the same credit card, or a different credit card?

[SaM5246]

This is debt from the same credit card, or a different credit card?

It's from a different card. The statute of limitations has not run out on it. The company trying to collect is a third party company that bought the debt and I doubt they have sufficient information to prove it.

If by some chance they do what should I do to challenge the info they present?

Also how does the court proceeding go? It is on the plaintiff to prove that I owe the debt but how is he going to do that if he has nothing except a sheet of paper that says my name, addresss, phone number, and acct balance?

What compelling argument can a plantiff make? I doubt he will just smile and say looks like you got me.

[Mr. Knowitall]

All they need to do is present a prima facie case that you opened the account and had an outstanding balance. It's possible to get a credit card over the phone, so there may not even be a written contract. (You would have to tell us.)

[SaM5246]

All they need to do is present a prima facie case that you opened the account and had an outstanding balance. It's possible to get a credit card over the phone, so there may not even be a written contract. (You would have to tell us.)

Ok, and what documents would prove that I opened the account? Maybe someone else opened it with my info over the phone. Although I think you need to still sign some papers when you open accounts over the phone.


So again without some kind of contract showing my signature or let's even go as far as saying, how do I know they are even legally entitled to collect on the debt??????????????? A lot of these accounts can be sold 2 maybe even 3 times over to third party companies.

Do you know of a "assignment of claim" contract/agreement which proves that the collector is the correct owner of the debt?

[aardvarc]

You most certainly can open accounts by phone and never sign anything. That's how I've done the majority of my accounts, and have never had an issue.

How to they tell it's yours, or make their case to the court? Pretty easy as long as the information on the account matches yours, especially if the statements were being sent to an address that can be shown as your home or work address or to any email address associated with you, if any payments were ever made on the account from some account of yours (checking, savings, etc.). You are certainly correct that it is very easy to open accounts in other people's names - it can really be done with minimal information - but if they have evidence that ties you to the use of the account, particularly where payments to the account are concerned, then you'll have little in the way of defense trying to get the court to believe that it's not your account (if you have access to pay on the account, then you have access to view statements regarding the account). Unless of course you also plan to claim that someone opened a checking account in your name, deposited money into that account, and paid the bill to nurse the account along, and you were oblivious to it all. If that's the case, your best defense will be a stack of police reports, one for each account tied into the mess. But don't expect a court to believe that scenario if you didn't file such reports until after the debt went to collection, got sold again, and finally went to court. A reasonable reaction, if the account in question wasn't yours, would have been to file a police report when you got the first whiff that there was some bogus account with your name on it floating around out in the world.

[jk]

Also how does the court proceeding go? It is on the plaintiff to prove that I owe the debt but how is he going to do that if he has nothing except a sheet of paper that says my name, addresss, phone number, and acct balance?

.

have you ever made a payment on this account? By check?

Yes?

You're screwed.

[SaM5246]

have you ever made a payment on this account? By check?

Yes?

You're screwed.

You're assuming that once an account gets sold over 3, 4, 5, or a zillion times that the party that has the account can get that information. You really think they have copies of checks, online payments, statements, and proof showing they purchased the account from the Original Creditor?? It's not very likely that they would go through this for a $2000, if it were for a higher amount I could see how they would care.

They filed this case because next month it would have been past the Statute of Limitations. It's a frivolous law suit in my opinion. They file these cases and pray that you will settle out of court or come to court to admit you are guilty because you are a normal idiot citizen. Most times they win cases like this because people are scared once they get the summons. Not me, I will fight till the end and make someone prove the accusations in court.

Also the agency never verified the debt after having been asked to do so in writing.

[SaM5246]

You most certainly can open accounts by phone and never sign anything. That's how I've done the majority of my accounts, and have never had an issue.

How to they tell it's yours, or make their case to the court? Pretty easy as long as the information on the account matches yours, especially if the statements were being sent to an address that can be shown as your home or work address or to any email address associated with you, if any payments were ever made on the account from some account of yours (checking, savings, etc.). You are certainly correct that it is very easy to open accounts in other people's names - it can really be done with minimal information - but if they have evidence that ties you to the use of the account, particularly where payments to the account are concerned, then you'll have little in the way of defense trying to get the court to believe that it's not your account (if you have access to pay on the account, then you have access to view statements regarding the account). Unless of course you also plan to claim that someone opened a checking account in your name, deposited money into that account, and paid the bill to nurse the account along, and you were oblivious to it all. If that's the case, your best defense will be a stack of police reports, one for each account tied into the mess. But don't expect a court to believe that scenario if you didn't file such reports until after the debt went to collection, got sold again, and finally went to court. A reasonable reaction, if the account in question wasn't yours, would have been to file a police report when you got the first whiff that there was some bogus account with your name on it floating around out in the world.

Before asking if I filed a police report the court should establish that the plaintiff has the legal right to collect on the debt.

[jk]

Before asking if I filed a police report the court should establish that the plaintiff has the legal right to collect on the debt.

the court merely presides over the trial. It is up to you to bring this into question and demand proof, not the court.

You're assuming that once an account gets sold over 3, 4, 5, or a zillion times that the party that has the account can get that information. You really think they have copies of checks, online payments, statements, and proof showing they purchased the account from the Original Creditor?? It's not very likely that they would go through this for a $2000, if it were for a higher amount I could see how they would care.

my statement was merely to prove you knew of and used the account. Unless you are willing to perjure yourself in court, 1 easy question is all it takes to prove your ownership of the account.

They filed this case because next month it would have been past the Statute of Limitations. It's a frivolous law suit in my opinion.

Frivilous? You admit you owe the money. How is it frivilous?

Also the agency never verified the debt after having been asked to do so in writing.

You can ask for that in court. The FDCPA states they must stop collection activities after such a request until such time the request is fulfilled. Apprently they didn;t want to wait around and simply sued you.

So, since you are so sure of yourself, have at it and fight this. It is a shame though. Modern society has bred a group of citizens that apparently have no shame and no sense of responsibility.....and people wonder why the economy is in the condition it is.