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  1. #1
    Join Date
    Jul 2005
    Location
    miami
    Posts
    4

    Default Sued by an attorney over credit card debt

    is there a evidence standard that an attorney has to meet if he sueing you for a clooection agency?
    example: 1) what is the acceptable evidence that the debtor owes the collection agency. (the card statement is not evidence?!)
    2) can a card statement be used as a right of claim document? it shows no connection between the card co. and the agency.
    3) In the absence of a letter of assignment, a right of claim document, can the judge just take the attorney's word, only because he said so.
    4) In the absence of the above mentioned documents, will a judge allow the attorney to continue with the case or dismiss for lack of evidence.

  2. #2
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default

    i dont think collection agencies are allowed to sue you. since you don't actually owe them anything, they're not a "party in interest" i think it's called.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Collection Agency Suit

    Sometimes a collection agency will buy the debt, or will be assigned the right to litigate to collect the debt, and thus will be able to commence a lawsuit.

    What an attorney needs to submit to prove the validity and amount of the debt will vary depending upon the state and type of debt.

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