Can original creditor sue if debt is charged off?

Send them a DV letter, a template is in the DIY section of this site, customize it to your needs. You are correct in demanding how they came up with the $2840 charge out of a charge off of $1600.

They can sue you if the debt is within the SoL for your state.

yes anyone can sue..but if you have facts and actually show up in court I think you will prevail or at least save yourself a ton of money..when these debts are charged off and resold they should generally be for LESS money instead of more..anyone can sue anyone?... correct FYI?..and should this person be concerned with what has happened or consider this the normal treatment?

p.s. any person in the u.s. can sue anyone for anything whether real or not....I could allege anything I would care to make up...CHALLENGE the sue threat and go from there in my opinion from just someone who originally surfed the sight and is trying to help others! don't take my opinion as a fact though...look towards the experts here!

A charge-off is an internal accounting procedure of the creditor and does not affect the validity of the debt.

The statute of limitations is the legal time limit within which you can be sued.

If you have been served with a summons, it is too late to sent a debt validation letter. You must file a written response with the court within the time period allowed in your jurisdiction.

from what I have seen on this site....collection agencies refuse certified letters..your first attempt at debt validation...when people do not know what is going on and aren't familiar with the laws..they are taken advantage of when waiting for written contact from many CA companies....honest people expect others to be honest and do the right thing...show up in court if you receive a summons...ask for validation in court...! Don't be afraid! I think a charge off does effect the validity of a debt once you get in court..but hey I have been wrong many times here!
consult your own personal

The guest is right, a charge off is just an internal accounting process to write off a bad debt. It doesn't affect the collectability of the debt.

thanks goudah...if you say it is so..I know it is!
goudah knows

Any advice on How I can properly write up a per se motion for my court trial would b helpful. I know I want them to prove validation by original signed contract. Do I also write on the motion form I also want it dismissed by predjudice if they can not prove contract. Or do I not even mention that on the motion form and just wait to trial day and after they read form verbally announce? I am new to this and can not afford a lawyer..So I am trying to help myself with the law and anybody's help on this matter would be greatly appreciated!!thanks and Blessings-Gee

I would suggest you visit your local legal library. You can find information on rules of service for your area as well as any other items you are looking for.

Guest - Gee - I got your message, but i don't have an answer for you. The requirements for writing and filing a motion are different for each county. I would do as JCEMT suggested and visit your local legal library. Or, you could also call your court house. They may be able to at least tell you the procedure, or there may be info on the court's website.

thanks jcemt & Goudah for your advice. Did not have time to look at court house files but got educated on the lack of knowledge followed by "motion of Discovery" so as they need to prove "leagally" the supposed debt owed by original signed contract from original creditor. I will have to wait and see how this plays out in court this upcoming wednesday. All they have produce by the summons was an affidavit, which I was told is not a legal validation of debt. If they cannot produce this original contract then I am able to have it thrown out by a "motion of predjudice". A affidavit is considered heresay and is inadmissable in court. well I'll have to see,either way, I have never had any contact with them about this supposed debt until I was served with the summons. I wonder if there any other laws I am unaware of that could help me there?! keep on helping all who feel imprisoned by ther misfortune of debt and those who buy charge off's for penny's on the dollar and try to take advantage of people's lack of education on debts. Educate,educate,educate yourself and stand up to bottom feeders. thanks to all -Blessing Gee