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What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name

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  • 11-30-2017, 03:29 PM
    rodavon99
    Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
    I apologize, I phrased my question poorly. I'm aware that I can contest their standing in court, but I'm just wondering how it's legal for a JDB to pose as a hospital or physician's group. I've been told over and over that impersonating a creditor is fraud, and it certainly seems like it, but I can't find an actual statute, or even a precedent other than an Amex case that made the news a while back.
  • 11-30-2017, 05:22 PM
    adjusterjack
    Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
    Quote:

    Quoting rodavon99
    View Post
    I apologize, I phrased my question poorly. I'm aware that I can contest their standing in court, but I'm just wondering how it's legal for a JDB to pose as a hospital or physician's group. I've been told over and over that impersonating a creditor is fraud, and it certainly seems like it, but I can't find an actual statute, or even a precedent other than an Amex case that made the news a while back.

    You don't know that anybody is doing any of that.

    And none of that speculation is going to help you.

    Focus on the allegations in the lawsuit and ask for the documentation that supports those allegations.
  • 12-01-2017, 05:13 AM
    rodavon99
    Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
    What do you mean I "don't know" that anyone is doing that? Do you mean I have no written documentation? The plaintiff did not file this suit. They've denied all involvement from the start, admitted to not owning the account, and referred me to the agency who was first assigned it. An agent at the JDB more or less admitted that the plaintiff isn't personally involved. If I don't know this, I don't know anything, and neither does anyone here.
  • 12-01-2017, 05:29 AM
    Mr. Knowitall
    Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
    If the junk debt buyer files a lawsuit in the name of a different entity, then you would bring a motion alleging that they lack standing to sue on behalf of the original creditor. However, it's difficult to picture an actual junk debt buyer making that sort of mistake. If they own the debt, they can file in their own name.
  • 12-01-2017, 08:53 AM
    adjusterjack
    Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
    Quote:

    Quoting rodavon99
    View Post
    What do you mean I "don't know" that anyone is doing that? Do you mean I have no written documentation?

    Exactly.

    You are relying on what your enemies are telling you over the phone.

    Very dangerous.
  • 12-02-2017, 10:44 AM
    rodavon99
    Re: What to Do if a Junk Debt Buyer Files a Lawsuit in the Original Creditor's Name
    It would have been much easier if you'd just said that.

    It's worth noting that I have an affidavit from the "creditor or creditor's agent," who is an employee of the law firm. I don't know what the legal designation for "creditor's agent" is, but it definitely seems like the creditor is not actually involved.
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