Legal Question in Credit and Debt Law in California

if a collection agent has purchased a charged off from a credit card company and sues to collect, but can not produce the original signed contract or any statements, can a defendant effectively ask for a dismissal?


Asked on 10/06/10, 8:51 am

3 Answers from Attorneys

Not exactly. You must conduct discovery to obtain sworn responses that do not produce any proof of the debt. Then you must file a motion for summary judgment. Or you can wait until trial, see if they have the evidence, and then if they don't move for "nosuit."

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Answered on 10/11/10, 10:59 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If this applies to you, consult an attorney before filing a response with the court. Your original contract with the creditor provides that they will pay your attorney fees if you win, so why wouldn't you?

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Answered on 10/11/10, 11:27 am
Larry Rothman Larry Rothman & Associates

You may have a claim against the collection agency under the Fair Debt Collections Act. We would have to review your correspondence to see if you have one. Other than any formal violation, you would have to obtain Plaintiff's testimony under oath that it does not have the documentation and then file a Motion for Summary Judgment.

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Answered on 10/14/10, 7:48 am


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