You can beat credit card debt collectors if you know the rules
There are so many cases in point of debt collection company’s inability to prove that you owe them the debt. These alleged debts were sold to these companies who then pursue them as though they actually owned the debt. They don’t…at least not until you make a fatal mistake and give them the right. You see, when you signed the original agreement with your credit card company, you signed a contract with your original credit card company. This is where winning your battle begins. Yes, you signed an agreement with your credit card company, but you did not sign one with the companies that bought your debt from the credit card company. If they don’t have a right to your debt, then why are they coming after you? Because you don’t know your rights, they know this, and they collect billions of dollars every year at massive profits.
The profit in debt collection is astronomical, which is why it is one of the most under handed, sleazy businesses in America. And if I told you that these debt collection companies have no right to that debt, would that surprise you? They are trying to follow legal procedures to trap you into a debt you no longer owe! They do not have any right to that debt…that is, they have no right to that debt until you give them that right. And, yes, millions of Americans make serious mistakes every year and end up owing a debt all over again, a debt that was written off long ago.
The basis of nearly all court cases won against junk debt dealers is the lack of proof of ownership of the debt. Why do they own it? Did you sign an agreement with them? Are they a credit card company? The answer is, no. They are required, by law, to show why you owe them.
But don’t make the fatal mistake of making any arrangement to pay them. Crucial Point: do not make payments, or agreements to make payments, to any company that is calling about a debt that you owed someone else. Doing so creates a contract that may be binding.
As in most credit card cases (depending on your state), when a claim is “based upon a written agreement, the pleading shall state specifically if the agreement is oral or written.” If the credit card claim is based upon a writing, then the debt collection company must “attach a copy of the writing.” This means that, once again, the law requires that the plaintiff produce the original contract with the credit card company bearing your original signature. The original, and only the original, will do.
Also, in most states, if the lawyer filing the claim for the collection company knowingly files a suit without having that original contract in hand, he is in violation of the law. He has to either have that contract, or he has to have someone with him coming to court who has personal knowledge of that signed contract, and he has neither. When he signed the suit papers, he stated that he had these proofs by his signature. A lawyer filing such a claim should be prosecuted, he deserves to be sued, and you can do so if you have a lawyer representing you.