Debt Collection
Complaint
elizabeth vitale
Country: United States
Without validation of a debt my daughter received a court complaint. I answered and each case management statement changed. She requested validation of the debt. The judge gave time for the production of validation. These people seem to want a judgement regardless of the validity of the debt. The discovery amount stated does not match any record of open or closed accounts she has. Disputes have been filed with the three credit reporting agencies. She has all statements to show dates of closing, amounts, calls for closing, etc. These people basically filed a lawsuit without receipts or proof of the debt amount. They also want legal fees and interest. They have used 5 different attorneys to fill in paper work. Good thing I was sharp enough to answer and follow research, court forms, and legal questions for help. Research all and file all and any complaints. The more filed the better chance the FTC will file a suit against the company. Keep all of your records. I file with the FTC, Attorney General, Consumer Affairs, and try to post on all of the boards. Eskanos & Adler are being sued for various activity. Eventually what comes around goes around. It is worth the time. What I don't understand is how a debt can be bought for less, the original amount charged off, the difference ??? How can the original debt be requested legally if it has been charged off and then payed for less??? Wasn't a portion of the debt paid for to the original creditor?
Comments
That is irrelevant. Charging off a debt simply means that the creditor is recognizing that they are unlikely to collect the debt, and that is reflected in their books as a loss. When they sell the account, whatever they get is recorded in their books as income. The difference is what they lost, and affects their profit and their taxes. Creditors routinely sell debts for less than they are worth, and the buyers may attempt to collect on whatever the original contract allowed for, subject to various laws.
"The discovery amount stated does not match any record of open or closed accounts she has. "
There are debt collectors that sue attempting to get a default judgement. If they have bought an old debt, they may not even have access to the original documents, but some will attempt to fool consumers and the courts with various affidavits claiming the debt is valid, but often signed by parties with no direct knowledge of the original debt.
Are you saying that you don't thing the amount they are claiming is accurate, or that you think this isn't even her debt?
If it is enough to sue over, why haven't you hired an attorney? That is what they do. You would want an attorney with expertise in consumer debt, and in FDCPA and FCRA litigation, since there may be a basis for counter-suing them for violations if they have continued collection activity despite a timely validation request, or if they are reporting erroneous information despite your disputes to the credit reporting agencies.
You might try www.naca.net