Legal Question in Credit and Debt Law in Maryland

I am being sued by a credit card company through their attorney in Harford County, Maryland. I will be disputing the claim that they have 'Standing' to bring the action because in doing some research, I've come across information on the "www.AmericanSecuritization.com" website that even credit cards were turned into Asset Back Securities and sold to investors and the originating banks are now just servicing the accounts. If this is the case with my credit card account, then a possible defense is they don't have 'Standing' to proceed. I've already received 'Interrogatories' from their lawyer but one of the questions is asking for my social security number and birth date and I feel the credit card company should already have that information.

My question is: Can I object to requested information (through a MOTION) that they are requesting until after they can prove to the court they have 'Standing' to proceed?

I do plan on getting my own set of Interrogatories together to submit which will include asking questions about if the account was sold and securitized.

Thank you for your help.

Asked on 11/01/10, 1:21 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC
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I think you are barking up the wrong tree with your standing argument and need a Maryland litigator to represent you. Even if you are correct that the wrong "party" is suing you (e.g, the servicer is suing you and not the credit card company), that will not stop the suit from going forward -- the Court will not dismiss the case, but instead, will simply allow the credit card company another opportunity to re-file the action under the correct names. I've cut and paste the Maryland Rules below so you can read and/or research the issue yourself.

Rule 2-201. Real Party in Interest

Every action shall be prosecuted in the name of the real party in interest, except that an executor, administrator, personal representative, guardian, bailee, trustee of an express trust, person with whom or in whose name a contract has been made for the benefit of another, receiver, trustee of a bankrupt, assignee for the benefit of creditors, or a person authorized by statute or rule may bring an action without joining the persons for whom the action is brought. When a statute so provides, an action for the use or benefit of another shall be brought in the name of the State of Maryland. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for joinder or substitution of the real party in interest. The joinder or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.

Rule 2-213. Misjoinder and Nonjoinder of Parties

Misjoinder of parties is not ground for dismissal of an action. So long as one of the original plaintiffs and one of the original defendants remain as parties to the action, parties may be dropped or added (a) by amendment to a pleading pursuant to Rule 2-341 or (b) by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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11/08/10, 12:02 pm

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