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Question
A friend of mine was served a Summons today by a debt collector trying to collect a debt for Chase Bank. Chase Bank wrote off this debt and sold it to a collection agency on 3/31/09 who then sold it to somone else.
He is on Social Security Disability and has a small Annuity with the Fire Dept. Both can not be collected on.
Any advice on whether it is legal from them to come after him to collect from a company that sold them the debt>
Yes, it is legal for them to come after him but how are they going to collect anything? Your friend needs to prepare his response to that summons and complaint, a certificate of mailing, maybe a demand for validation and a good set of demands for admissions. He needs to file his response with the clerk of the court and send all of the above documents to the plaintiff's attorney. The plaintiffs attorney expects that your friend will either default giving them an easy win or will respond to the complaint point by point but he should not do either one because if he does either one he will get a judgment against him. If they get a judgment against him they will then go for a garnishment and with a garnishment they could just freeze his bank account and leave him with nothing to eat on or pay his bills. Your friend needs to contact me directly. If he don't have a computer then you might be able to help your friend by taking care of that problem for him. I would need to work directly with your friend if at all possible.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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