Re: Associated Credit Services lawsuit help needed

Posted by Mike (66.102.121.47) on August 19, 2003 at 12:35:02:

In Reply to: Associated Credit Services lawsuit help needed posted by begoodorelse on July 16, 2003 at 15:00:27:

Wouldnt the FDCPA violation be enough to move it into federal court?? then attach all pendent claims to the FDCPA claim...Otherwise, there might also be a way to build in a RICO suit if the following applies...Im not sure if the company actually purchases debt or if they are just acting as collectors but if they purchase debt then you should be able to add a RICO suit. Companies that purchase debt do not get all the paperwork on the debt. They just get the impotant info i.e. name address ss# and amount owed. "As a general rule, all contracts are assignable...an exception to this rule is that a contract that relies on the personal trust, confidence, skill, character or CREDIT of the parties, may not be assigned without the consent of the parties" See Crim Truck & Tractor Co. v. Navistar Intl 823 SW2d 591, 596(TX 1992). If you can find accounts through discovery that theyve purchased and then track back the original creditor to have them supply copies of the contract. If there is no assignability clause then I contend that you could pursue RICO.

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