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Re: A third party collection agency is suing me for a credit card debt!!


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Posted by Aggravated on March 03, 2002 at 15:23:27:

In Reply to: Re: A third party collection agency is suing me for a credit card debt!! posted by Why Chat on March 03, 2002 at 09:51:26:

Thanks for all the help. I had scoured the Montana Code yesterday for something that gave me the law on assignments...somehow I missed this one. I looked back at my paperwork. The so-called validation came on October 26 and the lawsuit was filed November 1. Four days hardly seems enough to respond.

I answered, telling the judge that the debt was never properly validated. The signature on the application attests that the person signing agrees to the terms of the cardholders agreement. In my opinion, giving me only the application bearing a signature and not the entire users agreement (contract), they are still not in compliance with the law that requires consent from the account debtor before assignment can be made. Until they provide the cardholder's agreement, I am unable to discern whether or not I gave my consent in the cardholders agreement. I suspect that I didn't or the contract would already have been provided to me. (I no longer have a cardholders agreement since it's been so long since I opened the account.) My request for documents asked for the contract in which I agreed to pay the creditor. The request stated that the original and any version thereof was to be submitted. So far I have no complete document for me to examine and seek counsel.

I am going to call a lawyer tomorrow. He has been very helpful in the past with these types of questions. Now that I know a law exsits to back me up, I can move forward.

I know from opinion letters and court cases that a judgment cannot be entered unless the proper validation was made, and the law reads that if they assign without consent, it could lead to default, breach, claim, termination...and so on.

Again, thanks for your assistance...I would love to have a case against these guys. Years ago they put something on our credit report that didn't belong and we mopped the floor with them. Maybe the lawsuit for 1000 bucks is payback.

Thanks again, you guys are great....I'm glad I found this website. :))


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