The Weaknesses of Junk Debt Buyer Summonses from Collection Attorneys

Going back a few years ago junk debt buyers (JDBs) discovered they could successfully churn out large numbers of lawsuits based on their bulk purchases of credit card debt. They discovered that less than 10 percent of “guilty” consumers would reply to their summonses. In a typical collection law firm a few credit card debt attorneys supported by dozens of paralegals and administrative staff could turn all those unanswered summonses into default judgments.

Today these law firms are set up to process summons service and default judgments and the ensuing collection of money.  They are not set up to litigate with consumers demanding proper documentation for “alleged” credit card debts.  And, because over 90 percent of consumers default on these lawsuits, it is much cheaper for them to simply not provide specific account documentation in each lawsuit.

Apparently, junk debt buyers have difficulty documenting credit card debt to court standards.  Courts being flooding with these lawsuits are learning of this.  The state of Maryland has set a standard for documents to be supplied with a credit card debt complaint.

Similar to the robo-signed affidavits provided by some credit card banks in their lawsuits, junk debt buyers have their own bogus affidavits, as well as documents that they try to fool consumers and courts with.  According to credit card debt defense attorneys at the Langel Firm in New York, documents supplied without a supporting affidavit from someone with personal knowledge of the debt in question are considered hearsay evidence, and the same is true for a written statement without accompanying documents.

Beware of a JDB Summons From Credit Card Debt AttorneysJunk debt buyers also have trouble properly documenting their ownership of a consumer’s credit card debt.  They will furnish a bill of sale without specific account numbers in it because there are thousands of accounts in each sale.   Also that document will not be accompanied by an affidavit attesting to the inclusion of the consumer’s account in that batch of accounts.

Last year American Banker, THE publication of the US banking industry, exposed how banks and junk debt buyers engage in forward flow agreements. In some of these agreements, banks admit to faulty records and inaccurate balances in some of the credit card accounts sold to JDBs.

According to the Langel Firm in New York, demanding the forward flow agreement under which a particular credit card account was acquired is enough to make a JDB’s collection attorney go away.

I am not an attorney, nor am I familiar with the state to state vagaries of legal procedure.  But, I do have experience successfully resisting debt collectors and collection attorneys attempting to collect thousands of dollars in credit card debt from me.   I continue to read about legal issues that pertain to collection attorneys, for both original creditor banks as well as junk debt buyers, suing consumers for credit card debt.  This is part of what I have learned.  Feel free to educate yourself with my other articles and posts, like this one.

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Comments

  1. Troy Wright says

    Hello,

    Portfolio Recovery Associates LLC, attempted to sue my wife and I on separate accounts in California last year. I responded to the summons. They sent me Requests for documents, interrogatories etc. I did the same to them and they sent me no proof of ownership. All documents that they provided for their lawsuit did not meet exception to business records hearsay rule in the state of California. After I filed a motion Limine and a trial brief with the courts they withdrew both cases. They are betting that you do not respond to their summons within 30 days and they get automatic default, this is easy money for. If you respond to their court summons they try to overwhelm you in paperwork so that you negotiate with them. I did all this without the assistance of a lawyer. I have one that collection from the same Company account on my credit reports, do you have a good credit dispute letter? Thanks Troy

    • says

      In the letter in my ebooks, I tell debt collectors including junk debt buyers like Portfolio to cease all collection activities and remind them that negative listings on credit reports are considered debt collection activity by the Federal Trade Commission. This prevents your credit report from being really trashed by debt collectors. Despite what credit repair organizations claim, it is very difficult to get the original credit card bank off of your credit report. However, you can get the debt collectors and junk debt buyers who are trying to collect on the same debt removed.

  2. SomeGuy says

    This same exact company (Portfolio Recovery Associates, LLC) recently sent me a letter entitled “Notice to Incur Court Costs By Filing Suit” on which they THREATENED to proceed with legal action, and which they have failed to follow-through on, which I know it is illegal for a DCA to threaten legal action if they do not intend to do so (what can I do about that?). I had responded to that letter with a request for validation of debt, outlining the specific documents I expected and they have since not provided a single one of them, and as I said, no legal action has been taken against me as of yet. I am still trying to figure out if I went about this correctly and if there is anything further I should do…

    • says

      Find a good local consumer rights attorney to sue them for the violation at no cost to you. If you followed the instructions in my ebooks, you did it the right way.

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