Re: First Resolution Management etc. etc.
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Posted by Why Chat (209.240.198.61) on October 25, 2002 at 21:03:36:
OK- First let me apologize for misinformation I gave in an answer to "Desperate"'s post on 10/22. CapitalOne & First Resolution are NOT interconnected in ownership.(I guess I was having a "senior moment")
What I was trying to say was that in a lawsuit, the suing party must State who the original creditor was, that is why both Desperate & Jude were served with the names of First Resolution as asignee's of CapitalOne. Now to the other question. The First Resolution that OWNS the account is a Canadian Corp.,The First Resolution that has filed the suit is the Corporation thatis licensed as a collection agency in Wash. State.(as a foreign Corp.) I raised this issue several months ago with someone who was being sued in Mo.because in that State, their laws of civil procedure require that only a "party at interest" can bring suit. I suggested he raise this as an affirmative defense. This defense is potentially effective in those States that require only licensed collection agencies be allowed to have any action filed on their behalf, since, (in my opinion) the filng by a collection agency. licensed as a foreign corp. in Wash. that is not the legal entity that actually owns the account, is a subterfuge that defeats the State statutes.
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