topic Re: CAN A CA SUE YOU AFTER THEY PURCHASE THE LOAN????????????? in General Credit Topics

CAN A CA SUE YOU AFTER THEY PURCHASE THE LOAN?????????????

ashdown1967 — Thu, 06 Sep 2012 02:19:56 GMT

I wanted to know can a CA sue you after they have purchased the loan from the original creditor.

Thanks in advance

Re: CAN A CA SUE YOU AFTER THEY PURCHASE THE LOAN?????????????

Anonymous — Thu, 06 Sep 2012 02:42:15 GMT

Yes.

Re: CAN A CA SUE YOU AFTER THEY PURCHASE THE LOAN?????????????

pizzadude — Thu, 06 Sep 2012 15:05:27 GMT

Yes, they can. You should also check the statute of limitations ( SOL ) for your state of residence to know where you stand.

Re: CAN A CA SUE YOU AFTER THEY PURCHASE THE LOAN?????????????

RobertEG — Thu, 06 Sep 2012 19:00:46 GMT

+1. It's now their property, so they can bring their own actions to recover. The OC is out of the picture.

As for expiration of SOL, the FDCPA expressly gives a debt collection the option of where to bring legal action... either in your current state of residence, or in the state where the consumer signed the contract. FDCPA 811.

The applicable SOL will be the statute that applies in the trial court. If those jurisdictions are different, you may not know the applicable SOL until they have filed their action. For legal purposes, such as filing notice on the defendant, most will choose to bring action in the state of current residence of the consumer, but you cannot assume so.

Re: CAN A CA SUE YOU AFTER THEY PURCHASE THE LOAN?????????????

trumpet-205 — Fri, 07 Sep 2012 01:32:43 GMT

Sure they can. Your debt is now their "property" so to speak, so they can sue you to collect the debt.

Re: CAN A CA SUE YOU AFTER THEY PURCHASE THE LOAN?????????????

Shogun — Sat, 08 Sep 2012 03:58:09 GMT

@RobertEG wrote:
+1. It's now their property, so they can bring their own actions to recover. The OC is out of the picture.

As for expiration of SOL, the FDCPA expressly gives a debt collection the option of where to bring legal action... either in your current state of residence, or in the state where the consumer signed the contract. FDCPA 811.

The applicable SOL will be the statute that applies in the trial court. If those jurisdictions are different, you may not know the applicable SOL until they have filed their action. For legal purposes, such as filing notice on the defendant, most will choose to bring action in the state of current residence of the consumer, but you cannot assume so.

Re: CAN A CA SUE YOU AFTER THEY PURCHASE THE LOAN?????????????

chasmith — Sun, 09 Sep 2012 17:09:01 GMT

Suing and winning can be different animals.

Many times the Junk Debt Buyer CA (JDB) cannot prove the debt in court, so you may want to look here and on other boards for how to respond to any suit and enforce your rights. If the JDB sues they are hoping you won't know what to do to resist (forcing them to prove what the debt is and that they actually own it), but instead won't file an answer or show up in court and they'll get a default judgement. If you let them get a default judgement they have you.

Re: CAN A CA SUE YOU AFTER THEY PURCHASE THE LOAN?????????????

Shogun — Sun, 09 Sep 2012 21:31:07 GMT

Absolutely. Just remember they can't use threatening to sue you and not follow up with it. Check the SOL of your state and see if the account is still within it.