Re: First Resolution

Posted by Jkelly (151.197.123.138) on June 13, 2004 at 22:51:52:

In Reply to: First Resolution posted by tracy1372 on June 13, 2004 at 22:15:20:

http://whychat.5u.com/States/states.html
You mention Illinois. I assume this is the state where you were sued.
I think I might have some interesting news for you. I was sued by First Resolution, but I never talked to them. When I was sued, I filed bk on my attorney's advice. BUT, Why Chat said I probably did not need to file. Anyway this is the thing. Why Chat said about first Resolution.

The First Resolution that OWNS the account is a Canadian Corp., The First Resolution that has filed the suit is the Corporation that is licensed as a collection agency in Washington 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 onlyu licensed collection agencies be allowed to have any action filed on their behalf, since (in my opinion)the filing 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 statues.

I am not going to say that I understand all of this. But, Illinois requires a CA to be licensed. I think you need to take this info to an attorney and possibly have the entire law suit dismissed and judgement vacated.

I think everyone here will agree with me that you need your own attorney. www.naca.net.
If you have other debt, you might want to consider filing bk, that will put an end to the whole matter. If this is individual debt, you can file individual bk.

Follow Ups:

Post a Followup