Being sued for a debt from a debt collection agency. What is the probability that the debt collection agency has the original signed contract from whom they bought the debt? Trying to figure out the probability that they can prove that I own the debt.
They will likely have the document, but will they produce a witness to authenticate it and prove the assignment? Usually not, but it is not a DIY situation and most consumers lose when representing themselves.
If your contract selected Alaska law, moved to California, and the Alaska statute of limitations has passed, you are home free. California will enforce the shorter Alaska statute of limitations for breach of contract, even though California's statute of limitations is 4 years.
A lawyer contacted me today to inform me that Synchrony Bank is suing me for a debt that they sold to a collection agency in 2012. I paid the debt with the agency, have paperwork to back everything up, yet Synchrony is claiming I still owe them the money. Their records show my account was deleted... View More
I think this is probably a scam, as real lawyers don't call debtors up and demand payment the same day. They just sue. I think you can safely ignore this. If it is real, just respond to the lawsuit when you get it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.