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Panicpass is wrong about state courts not having jurisdiction. FDCPA grants concurrent jurisdiction to the feds AND state governments. As a matter of fact, the DC is required to file in your local court or the jurisdiction where the debt was incurred. You could include question in an interrogatory as to whether or not the debt was purchased by the law firm. If yes, then the LAW FIRM is acting on its own behalf. not the client and isnt entitled as a 3rd party to payment (You didnt contract a debt with them! they shouldnt have standing to sue!)
Also you need a affirmative defense, DEMAND that they produce a copy of the original signed agreement. That is your right according to the UCC (Uniform Commercial Code) No agreement, no debt. Most of the time all they will prodice is a computer statement with payment history and an affidavit by someone at the bank/company stating they have personal knowledge that you owe this debt. You have to object to the affidavit as being proof positive because the affiant cannot be cross examined! All this person states in the affidavit is that they have knowledge of the account. Is this knowledge that a computer record exists??? Thats not proof! A certified copy of the agreement needs to be produced. Its up to you to force the issue. The judge is not going to do this for you. They just want to move on to the next case to clear the docket before lunch or quitting time!
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