Houston, TX asked in Collections, Consumer Law and Contracts for Louisiana

Q: I am helping someone in dealing with a debt collection suit. How to be successful with dismissal in their favor?

The Credit Card debt is for roughly 9K. It appears the last payment (per credit report) was April 2022 thus we are aware SOL expiration would not apply. We are looking to challenge the debt buyer’s burden of proof as it relates to legitimacy in rightful ownership of this debt in addition to questioning the petition not being signed by or having identified the party who served the documents (domicile service). Additionally a relative working at the court reported this petition was not on file in that court. Am researching if that filing needs to be on record at this juncture for the petition to still be valid? What documentation can we obtain showing it is Not? Can this be used as additional grounds toward motion to dismissal? He has not responded with Answer to summons yet but did file Motion to extend for more time to do so.

1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
  • Consumer Law Lawyer
  • Jacksonville, FL

A: You are asking an online attorney to give you legal advice for someone else's benefit. That's the unauthorized practice of law, were someone on here to do that. I recommend that your friend retain an attorney.

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