Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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Old 11-06-2005, 04:01 PM
PJT04
 
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difficult to get a judgment

Interesting article from a collection attorney explaining how difficult it is to get a judgment without a direct contract between collection agency and the original creditor.
http://www.narca.org/Newsletter/2003...challenges.asp

Here's a paragraph from that article:

How then can the purchasing plaintiff's counsel obtain a judgment for their client in the face of a court's refusal to grant judgment on a legitimate debt purchased by a third-party? The obvious answer is to obtain the affidavit of the originating creditor and annex the documents of the originating creditor to their affidavit. The originating creditor would have actual and personal knowledge of the events which led to the creation of the debt, as well as the events which lead to the sale of the debt. A second alternative would be to attempt to obtain a novation of the original credit agreement, which might be accomplished by either obtaining a signed statement from the debtor agreeing to pay the balance owed. Alternatively, if the debtor refuses to sign such a statement, the purchaser could send monthly statements which, if not objected to by the debtor, might be introduced by way of the purchasing plaintiff's affidavit, indicating that no objection had been made to the statements of account. Therefore, the debtors are estopped from denying the existence of the
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Old 11-06-2005, 06:59 PM
Heidi Guedel
 
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THANK YOU!!! That is extremely helpful and informative!!!
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