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validation

Date: Mon, 04/19/2010 - 10:51

Submitted by anonymous
on Mon, 04/19/2010 - 10:51

Posts: 202330 Credits: [Donate]

Total Replies: 4


I'm with a Settlement company and unfortunately have a court case tomorrow for a debt with First National bank of Omaha. The attorney is Kohn Law Firm. In the complaint against me, Kohn kept mentioning my account # but it is NOT the account # of the credit card. They also attached every statement for the account. I'm not denying that I have a debt with FNBO and said as much in my answer. What I question is the fact that Kohn is acting on FNBOs behalf. In my hearing, can I ask for proof of the agreement with FNBO that Kohn can bring the suit? Or is it too late?


My first question is whether you have answered the complaint? And if so, did you bring this question up in your answer? Regardless of the jurisdiction, you should always bring up any reason why you think the party filing the case does not have a reason to bring a suit against you. Whether or not you can bring this problem up now is a jurisdictional matter. Some jurisdictions will say that you can, and others will say that certain matters have to be brought up in your answer to the complaint or the court will rule that you've waived your right to bring them up. This is a question for a collections attorney in your area.


lrhall41

Submitted by OVLG Attorney on Mon, 04/19/2010 - 11:48

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I'm in WI. I did answer the complaint. In it, I did say not denying having an account with FNBO, but that I did question the account number that the plaintiff's attorney (Kohn) referenced in the complaint. It was not the credit card account #.

Can I ask them to prove they have an agreement with FNBO to settle the account or if they have bought the account? I have a feeling Kohn will be on the phone and not in the court room.


lrhall41

Submitted by on Mon, 04/19/2010 - 12:18

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