If you get sued
Date: Sun, 01/20/2008 - 01:17
I was reading some info from another site "myconsumer rights", and it stated: "If you get sued and a copy of the contract is not attached to the complaint, the debt collector may be unable to prove the debt is valid. Use this as a defense when you answer the complaint." Anyone have any input?
That is a good starter. What I would do is this: During discover
That is a good starter. What I would do is this: During discovery you serve the plaintiff's council with a interrogatory, which will be a request of validation (some great things to ask for can be found in the template in my signature) this will be a motion to show cause. Since a lot of these collection agencies are debt buyers (junk debt collectors) chances are they won't be able to validate.
Once they fail to show cause, simply motion to dismiss the case with prejudice.
