[cfimei]

I am being sued by a debt buyer who claims they have bought a loan they say I defaulted on. I filed a motion to dismiss but the debt buyer's attorney has filed a motion to strike my dismissal stating that;

"As a matter of law [my name] may not question either the validity of the loan assignment or the consideration for it."

And further they say;

"Our client [the debt buyer] unequivocally alleges that it is the owner and holder of the note."

In other words their client refuses to provide me or the court with evidence of the assignement or how much they paid for it.

How can they do this? How can they prevent me from asking to see proof that they did in fact buy the loan i.e. show the assignment paperwork and how much they paid for it? If they can get away with this then I guess I'm screwed.

[go-ask-mom]

If the judge asks for it they can't.

Have you talked with them about the debt through negotiations, etc... or written correspondence acknowledging you DO owe this?

[cfimei]

Yes I have contacted them about this but they say as a debt buyer they are NOT bound by the FDCPA (they are not collecting on behalf of somebody else - it's their loan now apparently). I have disputed it because I truly believe the loan was paid off.

[mr.yet]

Yes they are bound by the FDCPA, if they fail to validicate the alleged debt there is no debt.

Send a discovery to the attorney and request the original contract, no contract , no claim.

If the fail to do either file Motion to dismiss, and request judgment against them in the same amount the are claiming.

Deny all until they comply, even in the court, they must havet the contract to win.

[ScottGem]

Ok, First they can SAY anything they want to in pretrial motions. They are trying to intimidate you. But the judge is going to rule as a matter of law. And the law says they have to prove you owe the debt if you dispute it.

It's a simple matter. To sue someone for a debt means they are suing for breach of contract. To win such a suit they have to prove a contract existed and it was breached. So I would just ignore their pretrial posturing. You filed your motion, they filed their answer and you see them in court. I doubt if they will even show.

[cfimei]

Thanks to all for those helpful comments! :)