Results 1 to 5 of 5
  1. #1
    Join Date
    May 2011
    Posts
    6

    Default Issues with Debt Buyer's Bill of Sale

    My question involves collection proceedings in the State of: Florida

    Hello all,

    I am currently being sued by a debt buyer. I have filed my answer with deny due to lack of knowledge/belief. This debt has been sold twice. My issues with the Bills of Sale are as follows:

    1. Neither BoS,(a)from original creditor to original buyer or (b)from original buyer to current alleged holder, mentions my name, acct. number or any other identifying information of myself.
    2. BoS (b), original buyer to current alleged holder, makes no mention of what is being bought/sold in any manner.
    3. The signature of the puchaser on BoS (b), original buyer to current alleged holder, reads: John Doe, President. All corporate filings for this company list this person as: John Doe, Vice President.

    Can the fact that no information pertaining to me is located on the these Bills of Sale be useful to me? Can the fact that no mention of what is being bought/sold on the most recent Bill of Sale remove it from evidence? Can the most recent Bill of Sale be deemed inadmissable, and/or unenforceable, due to misrepresentation, by claiming to be President, on the part of the officer?

    Thank you for any and all help. I have no choice but to defend pro se, with minimal help from a paralegal for forms.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Issues with Debt Buyer's Bill of Sale

    how did they know to sue you if your name or SS# is not associated with the account?

  3. #3
    Join Date
    May 2011
    Posts
    6

    Default Re: Issues with Debt Buyer's Bill of Sale

    I have to assume that this account was sold as a batch/bulk group of accounts. The complaint had a faxed copy of a statement attached along with the two Bills of Sale. I am not denying the existence of an account with my name on it, my question is whether this company is entitled to judgement, provided they prove validity and can validate the debt, or if these contractual issues could help in getting this suit dismissed.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Issues with Debt Buyer's Bill of Sale

    if they can support that your account was in that batch, then they have established ownership. You can try to attack the lack of documentation. If they have additional documentation, they will provide that as well I would presume. If they cannot support a connection, then I would argue they have not established an ownership interest in your account and as such, have no standing to sue.

    3. The signature of the puchaser on BoS (b), original buyer to current alleged holder, reads: John Doe, President. All corporate filings for this company list this person as: John Doe, Vice President.
    people do change positions over time. either office would have the authority to act on behalf of the company.

    if this is at the third owner, is this even within the statute of limitations? I believe it is 5 years for this type of debt.

  5. #5
    Join Date
    May 2011
    Posts
    6

    Default Re: Issues with Debt Buyer's Bill of Sale

    Based on the copy of the statement filed with the complaint it does seem to fall within the SOL.

    When I send the request for discovery what all should I ask for? Can I make them produce information from the second owner of the debt to prove the legality of all transfers? Do they still have to provide signed receipts for the account and a signed contract if it is requested to prove that I am the owner of the debt?

    I just checked the mail and I received a letter from the attorney asking to call to resolve this issue before it goes any further. I am positive this is common as most people might be intimidated and begging for a way out of court. Am I safe to assume that keeping all correspondence in writing is my best plan of action, since I am fighting for dismissal?

    1. Sponsored Links
       

Similar Threads

  1. Revoking a Sale Based on Fraud By the Buyer
    By momofboys in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 01-30-2011, 06:50 PM
  2. Transfer of Title: Use Car Buyer Didn't Register Title After Sale
    By cc2001 in forum Cars and Dealerships
    Replies: 6
    Last Post: 09-20-2008, 11:01 AM
  3. Deposit Issues Between Shoddy Realtor And Formely Trusting Buyer
    By blakkidd25 in forum Buying, Selling and Conveying Real Estate
    Replies: 3
    Last Post: 05-18-2008, 08:57 AM
  4. Repossession: Burned By The Buyer In a Used Car Sale
    By Esteban5 in forum Cars and Dealerships
    Replies: 5
    Last Post: 11-09-2007, 08:33 AM
  5. Repossession: Junk Debt Buyer Sues Over Very Old Debt
    By Thumbelinamom in forum Cars and Dealerships
    Replies: 1
    Last Post: 12-12-2005, 04:02 AM
 
 
Sponsored Links

Legal Help, Information and Resources