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Should she admit to owing $XXX to plaintiff?

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  • Sheryl777
    started a topic Should she admit to owing $XXX to plaintiff?

    Should she admit to owing $XXX to plaintiff?

    My friend is too stressed to call the credit card company to find out whether the attorneys that appear to represent them really do or whether they are debt collection attorneys that have purchased the contract from the credit card holder (a bank).

    We're filling out an Answer to Summons and Complaint and are trying to figure out whether she should or not deny owing money to them. Her credit card is denoted by XXXXXXXXXXXX1234 and the Xs are literal. The amount said to be owing is $15,000.

    If we knew there was a third party contract, she could deny. Otherwise what defense should she use or should she admit to owing that amount? Should we say she lacks knowledge about the truth and then deny?

    Karen

  • DrumMajorChange
    replied
    Do not get accused of practicing law without a license

    Originally posted by Sheryl777 View Post
    However, when you get to the Complaint, is says in caps that the are a debt collector. I will treat them as such.
    I will assume that you are not an attorney. Your approach might be acceptable if your name was on the Complaint. However, please be very careful that you are not accused of practicing law in your state without a license.

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  • Betty3
    replied
    Ok, but if you get in over your head (not that you/she will), you might contact the local legal aid society for a possible referral to a no cost/low cost attorney.

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  • Sheryl777
    replied
    She has no money for an attorney and is having to borrow just to keep up with expenses.

    She just gave me the second Summons and Complaint. This one is also confusing. There is a cover page saying that they are a law firm that represents American Express and American Express is listed as plaintiff.

    However, when you get to the Complaint, is says in caps that the are a debt collector. I will treat them as such.

    I just got some information that a credit report should say whether this debt has been picked up by a debt collector so I will try to pursue that avenue.

    Karen

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  • Betty3
    replied
    Many debtors answer a summons without getting an attorney involved. However; since your friend seems to be having such a problem with the answer & doesn't want to make contact with the creditor/lawyers for the creditor/plaintiff herself, she might want to talk to an attorney. She can call the lawyers for the creditor/plaintiff herself before going to court to see about setting up a payment plan and/or a possible reduction in the amt. owed (if she actually owes the debt-"seems" she does) & if an agreement is reached, get it in writing. If she gets herself an attorney, he can help her with this if she doesn't want to do this herself.
    Last edited by Betty3; 02-14-2009, 07:38 PM. Reason: left out a word

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  • Sheryl777
    replied
    I have a list of affirmative defenses. A number of them depend on whether the debt is held by the original debt holder or a third party. To my mind those are the best defenses and that is why I'm interested in who holds the debt.

    Hope it isn't too confusing with both of us showing the same member name. We're taking turns right now.

    Thanks for the input.

    Karen

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  • DrumMajorChange
    replied
    Friend needs to consult a competent attorney

    Originally posted by Sheryl777 View Post
    My friend is too stressed to call the credit card company to find out whether the attorneys that appear to represent them really do or whether they are debt collection attorneys that have purchased the contract from the credit card holder (a bank).
    Your friend should consult an attorney in your her state in reference to answering the Summons and Complaint. This attorney might be able to determine whether the collection agency has standing and/or negotiating a settlement that is favorable to your friend. Your friend should not answer the Summons and Complaint before consulting a competent attorney in this matter.

    Leave a comment:


  • Betty3
    replied
    Reference threads: http://www.laborlawtalk.com/showthread.php?t=206684 & http://www.laborlawtalk.com/showthread.php?t=206773

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  • Betty3
    replied
    Actually if a collection agency bought the debt from the original creditor, the coll. agcy. owns the debt & can sue for it. It's possible for a coll. agcy. to get a judgment against a debtor in court.

    However, in this case the plaintiff is listed as the original creditor though sometimes as mentioned in one of my previous posts to you (actual to Sheryl in one of her threads where she signed her own name) & as you noted, a coll. agcy. will list the original creditor as the plaintiff.

    I can't really tell you what to put in the answer to the summons - just be truthful is all I can tell you.

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  • Sheryl777
    replied
    The confusion for me is that she does owe the credit card company but does not owe a third party such as a debt collection company. Well, the credit card company is listed as plaintiff so I guess I just need to assume the really are. Although I've read that sometimes these third parties list the original credit holder as plaintiff but they aren't.

    Karen

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  • Betty3
    replied
    When answering the summons, the truth should be told. If there is a "defense", then that should be put in the answer (ie SOL has elapsed, don't believe amt. owed correct, don't believe debt mine . . . .)

    The court clerk can help on how to answer a summons but they can't tell you what to put in it or give any legal advice.

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