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Credit Card Debt Collection issues with overdue or defaulted credit card debt.

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Old 10-22-2008, 08:53 PM
kimmi690 kimmi690 is offline
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Default Unifund Collections Lawsuit
My question involves collection proceedings in the State of: Georgia

I may have posted this in the wrong area, intially, so I apologize. I am being sued by Unifund Partners CCr, with an assignee Kolb Enterprises, Inc. No attorney has been in contact with me. Kolb Enterprises is a collection agency based out of Doraville Ga. Did Unifund sell the alleged debt to Kolb or is Kolb Enterprises acting as an agent for Unifund? Isn't it illegal for a collection agency to hire another agency to recover an alleged debt?

I checked my credit report, and I disputed the info back in July. It has not reappeared on my credit report, and the credit card debt in question is not on my report at all. I have sent Unifund and Kolb Enterprises DV letters. I want to countersue if I can, but not sure how or what to include in my answer. My answer must be filed by Nov 16th.

Thank you!
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Old 10-23-2008, 06:26 AM
MSGB MSGB is offline
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Default Re: Unifund Suit Against Me
Quoting kimmi690
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My question involves collection proceedings in the State of: Georgia

... Did Unifund sell the alleged debt to Kolb or is Kolb Enterprises acting as an agent for Unifund? Isn't it illegal for a collection agency to hire another agency to recover an alleged debt?

....I want to countersue if I can, but not sure how or what to include in my answer. My answer must be filed by Nov 16th.
It sounds like Unifund bought the debt and now they are suing you. This is not illegal.

Are you claiming this is not your debt? What is your defense to the claim? What do you want to countersue for?

In your answer, you must admit or deny all numbered paragraphs. You should also include affirmative defenses or new matter to include your defenses (i.e., Statute of Limitations, etc.).

Good luck.
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Old 10-23-2008, 07:23 AM
kimmi690 kimmi690 is offline
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Default Re: Unifund Suit Against Me
I know that it is not illegal to sue me, I just don't understand why they have another collection agency doing it. No it is not my debt. I have no cc's by First Bank.

There are no numbered paragraphs on my summons. Just the signature of the president of Kolb Enterprises, and an amount. No account number no identify info at all.

Thank you
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Old 10-23-2008, 08:15 AM
M'sta Mikey M'sta Mikey is offline
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Default Re: Unifund Suit Against Me
If it is not your debt and you're being sued, your #1 concern is defending yourself against a wrongful suit; it makes absolutely no difference that 'another collection agency is doing it." and that should be the farthest thought from your mind.

As MSGB stated, gather your evidence and present it in court. Better yet, consult an attorney regarding this matter and see what options you have available.
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