Q: Bill of sale and assignment document of an account that I allegedly owe does not mentions my name or account number.
I'm trying to challenge this lawsuit under the basis that the collector/plaintiff lacks standing. The bill of sale names the issuer of the account (original issuer) but it does not mentions my name or account number. Document states that a list of account sold under the bill of sale is provided as appendix in an electronic format. Also, there are at least 3 entities in the chain of ownership but the chain of title only list their names, no other specific contract or clauses.
A:
You can challenge the lawsuit based on the plaintiff's lack of standing if they cannot prove a proper chain of title for the debt. The fact that your name or account number does not appear in the bill of sale or assignment document is important. It suggests the plaintiff may not have enough evidence to show that the debt was specifically transferred to them.
Since the document only references a list of accounts provided electronically and not directly in the bill of sale, you may argue that this weakens their claim. Additionally, if there are multiple entities involved in the chain of ownership without specific details or clauses, it could indicate gaps in the chain of title, further supporting your argument.
To strengthen your defense, you should request all relevant documents showing the transfer of the debt from the original creditor to the current collector. If they cannot provide sufficient proof connecting your account to the debt they claim, you may have a valid argument for dismissal.
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