being sued by portfolio recovery... in the complaint they are asking for damages... is this correct? my question is what damages did they suffer from me by buying and old debt? would this be a defense I can use ? they should have sued for breech of contract but probably couldn't since I never had a contract with them? I have a pre-trial hearing today should I present this ?
1 Answer from Attorneys
Probably should have thought about this when you were served. No, this is not a defense. Damages means the amount of money that you owe. You owe Portfolio because it bought the account from your previous creditor. When a buyer buys an account, it buys all the rights to it, including in credit card cases, the amount due and owing. You may have defenses, but this isn't one of them, because it's not a defense at all. The purpose of a pre-trial is to determine if you have any kind of defense at all, and the time needed for trial, and the number of witnesses each party might call.