Port Charlotte, FL asked in Small Claims for Florida

Q: Jefferson capital suing for fingerhut. Can I get a dismissal based on generic bill of sales and no signed agreement

Refused settlement offer in pretrial conf requested production. They sent a few statements two bills of sale from 2 other debt collectors. They are both generic that do not include my name or account number. No credit agreement signed sent. And 1 redacted spreadsheet that has my name balanced owed And last 4 of account. Can I get this dismissed at trial for lack of chain of assignment?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: It is unlikely that you will prevail at trial. They don't need a credit agreement signed by you; chances are there is an "account stated" count in the complaint. This means that if you received billings and failed to object you are liable. They will, at trial, probably prove the assignments of the account (your name and the last 4 digits of the account on the redacted spreadsheet will probably be sufficient). The chain of assignments is usually proven at trial via the testimony of a records custodian.

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