I am being sued by a collection agency who bought my original credit card debt from Citibank. They filed one month before the SOL expired. I would like to know if I can request a dismissal on the grounds that my original agreement was with Citibank and therefore they have no right to sue or collect. They included my last statement as evidence but nothing with my signature. Please advise if I can submit a motion to dismiss or other answer and any case law that might be helpful. Other info: unemployed for 4 yrs and now receiving SSDI which is why I couldn't pay.
Thanks in advance!
1 Answer from Attorneys
First deny the claim and u can put all defenses you want in your answer...but the Court should rule for the collector unless you swear that the claim is not true and correct to your own personal knowledge...since the last statement is probably wrong...ie penalties, interest added were not justified..etc...but it sounds like u are judgment proof..ie have no assets but the answer could keep them from gettng a judgment in case u win the lottery..good luch
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