Q: Debt collector suing me but didn't include a signed contract for proof. Can this be thrown out because of that?
Being sued by Portfolio Recovery Associates for $2849 for credit card debt. Amount seems wrong. Exhibits they included were just two old statements, generic terms and conditions and generic bill of sale that doesn't specify my account as being included in the sale. No signed contract included. I'm trying to draft an answer to the complaint but have no idea what affirmative defense to use (if any) and would prefer not to go to court. Does missing contract and BOS help me at all? I plan to file answer and then negotiate settlement if possible. Obviously cannot afford attorney and exhausted GA legal aid options. I've been working on paying off all my debts, this one just hadn't taken priority yet.
A: The lack of a signed contract does not preclude the creditor from filing suit to collect the debt. Many times the contract is lost or destroyed but the creditor can still prove his case by circumstantial evidence, such as statements, payments, mailing address, etc.
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