Proof of Assignment
Date: Sat, 02/07/2009 - 17:33
Thank you skydiver for answering my other post. I did file it without the counter claim.
I am now wondering if a collection agency has to prove validity of assignment of a defaulted account. They say they are the owner/assignee of the account. Do they have to provide a bill of sale or purchase agreement of some kind if I ask them for it in discovery? Is it my right to know how much they paid for the account?
I am now wondering if a collection agency has to prove validity of assignment of a defaulted account. They say they are the owner/assignee of the account. Do they have to provide a bill of sale or purchase agreement of some kind if I ask them for it in discovery? Is it my right to know how much they paid for the account?
You can request the documents during the discovery phase and if
You can request the documents during the discovery phase and if they fail to provide them then you can file a motion to compel. I think it depends on the court and if they allow the motion, my guess is they would. If they can not prove they legally own the debt then it would be perjury on their part for saying they are the assignee/owner.
I will check my county court rules about compel. I do know that
I will check my county court rules about compel. I do know that my county court doesn't allow for any written motions or pleas other than the complaint and an answer. Probably have to be verbal.
How should I ask them to prove that they own the account? Can I ask them for a bill of sale or purchase agreement?