HELP! Debt Collector / Attorney / OC / Affidavit
Date: Fri, 06/18/2010 - 14:55
I have been served a summons from a law firm representing GEMB. I had opened a PayPal Credit revolving account which I defaulted on because of loss of employment/medical reasons. Prior to the Summons, they had not been willing to accept a payment plan I could even begin to afford. Total debt according to GEMB $1911. Credit line was $1500 of which approx $1200 was principal.
So, I need to answer so they don't apply for a summary judgement against me.
At the bottom of the complaint attached to the summons it states "this communication is from a debt collector. The purpose of this communication is to collect a debt." Why would this be on the complaint? Who is the "debt collector"? GEMB, the attorneys? I want to know if the "debt collector" is licensed to collect the debt in NC.
Also, there is an affidavit (exhibit) from an employee of GE Capital which is an authorized servicer for certain accounts issued by GE Money Bank, and (she) is authorized to make this Affidavit. Does it matter that GE Capital services CERTAIN accounts and that PayPal is not referred to at all? How can it be fully known that the certain accounts include the account they are referencing in the Complaint? It also states that because of her position, she can make assertions that the debt (that it exists and that the amount is correct) based on her knowledge of their (GE Capital) general business practices and that GE Capital keeps copies of the documentation for certain GEMB accounts. Is this necessarily admissible, or can I request to review the documents specifically relevant to my account since she has not herself examined the documents.
The affidavit is all they offer as basis for the complaint.
1. "The Plaintiff is a federal savings bank."
2. "The Defendant resides in Johnston County, and is neither an infant nor incompetent."
3. "The Plaintiff provided credit to the Defendant pursuant to a PayPal revolving credit agreement and the Defendant of account annexed hereto as Exhibit "A", and incorporated herein as reference."
If you need more info, please let me know...Any help is very much appreciated!
So, I need to answer so they don't apply for a summary judgement against me.
At the bottom of the complaint attached to the summons it states "this communication is from a debt collector. The purpose of this communication is to collect a debt." Why would this be on the complaint? Who is the "debt collector"? GEMB, the attorneys? I want to know if the "debt collector" is licensed to collect the debt in NC.
Also, there is an affidavit (exhibit) from an employee of GE Capital which is an authorized servicer for certain accounts issued by GE Money Bank, and (she) is authorized to make this Affidavit. Does it matter that GE Capital services CERTAIN accounts and that PayPal is not referred to at all? How can it be fully known that the certain accounts include the account they are referencing in the Complaint? It also states that because of her position, she can make assertions that the debt (that it exists and that the amount is correct) based on her knowledge of their (GE Capital) general business practices and that GE Capital keeps copies of the documentation for certain GEMB accounts. Is this necessarily admissible, or can I request to review the documents specifically relevant to my account since she has not herself examined the documents.
The affidavit is all they offer as basis for the complaint.
1. "The Plaintiff is a federal savings bank."
2. "The Defendant resides in Johnston County, and is neither an infant nor incompetent."
3. "The Plaintiff provided credit to the Defendant pursuant to a PayPal revolving credit agreement and the Defendant of account annexed hereto as Exhibit "A", and incorporated herein as reference."
If you need more info, please let me know...Any help is very much appreciated!
GEMB/GE Capital is your lender/servicer/bank....they are the ori
GEMB/GE Capital is your lender/servicer/bank....they are the original creditor.Paypal is the brand name. Your credit line was set up with GEMB, not Paypal. The affidavit is coming from a representative of that lender...is would be admissable.
The debt collector is the attorney.
PS They won't apply for summary judgment but default judgment.
PS They won't apply for summary judgment but default judgment. Summary judgment is defined as "there is no issue of material fact and the plaintiff is due a judgment as a matter of law." Meaning the plaintiffs would claim that you would lose if the case went to trial.
