Fair Debt Collection Act

Cach LLC on there Answers to my Interrogatories said they are a assignee on the Debt opened, Yet there Affidavit they supply me said they purchased the Debt, is this a violates the Fair Debt Collection Act????

first things first. point that out to the judge and it will make your case for getting it dismissed with prejudice.then get a lawyer and sue them in return.because that is a violation.they really made your case with that line.talk about dumb.oh another question.did you contest the affidavit,or demand the person who signed it show up and testify?if so then they backtracked,and were hoping you didnt notice.either way they just contradicted themselves,and you should be able to get it dismissed with prejudice.

How do I contest the Affidavit???, can I just say I object to it at my Case Conf or do I have to file a motion to strike ????

I sent them a second set of Interrogatories asking this

Pursuant to your response to Defendant's First set of Interrogatories number 13, State if Defendant has a Business Relationship with you on this Debt, If Plaintiff is a Assignee, State why Affidavit of debt states Plaintiff was sold debt on October 23 2007

you can demand that the person who signed the affidavit show up as a witness,or move to have the affidavit removed as hearsay,but it looks like they made a crtitical mistake in answering the interrogatories.i would use that to your advantage.if you get the affidavit struck then they can claim what the interrogatories is true.use there contradiction to get this dismissed.

thanks for the info, But I am still unclear how to do this

i would PM skydiver or uncle wulf.they should be able to assist with how to motion on that.sorry i can't help with that.

thanks Paul, Also before I was Sued, I requested debt validation they sent me a Affidavit of debt with 5 old statements, then a month later Sued me, is this true Debt Validation????

were the statements actually from the OC on the OC'S paper,or did it look like something they typed up?

yea they look to be copies of Real credit card Statements

okay,but were they statements from the OC.sometimes they can make statements look real,but it has to be from the OC.you are sure they from the OC?difficult to accomplish if they bought the debt.

to me there photo copies of real statements from the OC, But the account numbers on 4 statements and the affidavit are different, there is a 5th statement with a new account number on it, that is the account number on the affidavit, I am guessing they changed the account number once the account was charged off, Kind of funny a statement would be made a year or 2 after the account was charged off

like I said the affidvit of debt said they purchased the debt, yet there answer to my discovery said they are a asignee of the debt

if the account number on there affidavit doesn't match the OC'S then i would proceed as you are.they bought the debt,and did not validate.on top of that they contradicted themselves with the affidavit,and the response to the interrogatories.

they contradicted themselves on other things as well

Affidavit of debt and Plaintiff in Interrogatories state different Opening Account Numbers

Both in the Complaint and Interrogatories Plaintiff states Charged off was 7,244.07 Sept 05, Affidavit of Debt states charge off was 7,244.07 Oct /23/07

would I use all this Contradicting info on a Motion to Dismiss the case ????

i would.it seems they figured you would not notice their contradiction.point it out next time in court.

my court date for my Case managment Conf is tomorrow and I am confused what to say and do,