I have been sued for not honoring my MasterCard Contract. (Quit Paying it) The Original Creditor, So-N-So Bank, wrote off the debt and "assigned" it to a Collection Agency.
The Collection Agency hired a bunch of attorneys to carryout the legal proceedings. Standard Operating Procedure.
I answered the Summons to prevent default judgment and have swapped a notebook full of interogs and document request with the Attorneys for the last 6 months.
I argue that I have no Contract with the "assigned" Collectors. I never heard of them. I never borrowed from them. They never gave me a single penny. Out of the blue this third party shows up demanding I pay them money that I owe to someone else. No Way.
Of Course the Collection Agency claims that the contract was transferred to them along with the right to collect the debt.
Nothing new. Basically I am taking the Defense of "I had a deal with them. Not You." Further more, " Who are you, Mr. Collection Agency, and where are you, and how can you verify and validate your claim."
My Question is: How do the Courts typically rule on the blind assignment of debt from the Original Creditor to another party? Is there a valid defense that would deny the Collection Agency from securing a judgment based on such an assignment?
Also, I have come across several organizations offering debt elimination based on the premise that "National Banks are not allowed to loan credit. They can only loan money." These outfits cite caselaw and strategies to legally have ones unsecured credit card debt obligations eliminated through the civil courts. Does this work?
Having read much of the material set forth on the FA boards, I hope that some of you "straight shooters and real worlders" out there can shed some light.
The Collection Agency hired a bunch of attorneys to carryout the legal proceedings. Standard Operating Procedure.
I answered the Summons to prevent default judgment and have swapped a notebook full of interogs and document request with the Attorneys for the last 6 months.
I argue that I have no Contract with the "assigned" Collectors. I never heard of them. I never borrowed from them. They never gave me a single penny. Out of the blue this third party shows up demanding I pay them money that I owe to someone else. No Way.
Of Course the Collection Agency claims that the contract was transferred to them along with the right to collect the debt.
Nothing new. Basically I am taking the Defense of "I had a deal with them. Not You." Further more, " Who are you, Mr. Collection Agency, and where are you, and how can you verify and validate your claim."
My Question is: How do the Courts typically rule on the blind assignment of debt from the Original Creditor to another party? Is there a valid defense that would deny the Collection Agency from securing a judgment based on such an assignment?
Also, I have come across several organizations offering debt elimination based on the premise that "National Banks are not allowed to loan credit. They can only loan money." These outfits cite caselaw and strategies to legally have ones unsecured credit card debt obligations eliminated through the civil courts. Does this work?
Having read much of the material set forth on the FA boards, I hope that some of you "straight shooters and real worlders" out there can shed some light.