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Can a junk debt collection lawyer sue using original creditor as plaintiff?
Wiki User
∙ 13y ago
no
Wiki User
∙ 13y ago
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How can you find out if the collection lawyer represent the original creditor or not?
by calling on his/her phone.
What is a plaintiff lawyer?
The attorney who is acting on the behalf or the person(s) and/or creditor who filed the civil suit.
Can a lawyer sell a judgment back to the original finance company?
The judgment is awarded to the plaintiff/creditor not the attorney serving as their legal representative. Attorneys are retained by the original creditor or the third-party collector who has purchased the account. For a creditor or collector to sue a debtor for monies owed they must retain an attorney who is licensed to practice law in the state where the debtor resides. Very few attorneys are contracted most collection law firms work on a contingency basis.
If original creditor charged off then sold it to a collection agency can they both report the debt where the same debt appears twice on your credit report?
no.This is in violation of The Fair Credit Act and The Fair Debt Collection Act.Report this to the FTC and your state attorney office.then look for a lawyer to sue them.
How can you find out if collection lawyer purchased your debt?
You usually will be served a collection notice from that lawyer.
Pro se Plaintiff having received answer to complaint on summons what is next step plaintiff needs to take?
If there are counterclaims, then pro se plaintiff needs to file his own answer. You also want to consider any afformative defenses asserted by the defendant and their merit.
Can a plaintiff's lawyer work for defendant discreetly?
Legal ethics prohibit that.
How do you add a creditor to a bankruptcy after you have filed?
Check with your bankruptcy lawyer.
Can debt collection agencies sue in North Carolina?
This is a misnomer. When an account is sent to debt collections, the collection agency does not typically own it. They are simply acting on the part of the lender or creditor. When judgment is sought on a bad debt, it is the lender who is suing. They are perhaps doing so through the collection agency and the lawyer they have under contract, but it is not the collection agency who is suing.
Is it legal for a Defendant Pro Se to contact the Plaintiff's lawyer?
Yes. It is legal for a pro se defendant to contact the plaintiff's lawyer. If you have Shepherdized the law and have relevant case law in answer to his brief, you probably should inform him of that material.
What are the standard discovery requests in a debt collection suit?
If the collection suit was filed by a company that claims to have purchased the debt, it is very important to request a copy of the contract between the original creditor and every company that purchased the debt. Also demand a copy of the original credit agreement, signed application, all charge slips and all monthly statements. If the collection suit was filed by the original creditor, request the same records (except proof of sale and ownership of the debt) and also demand the entire file including all screen shots and files regarding origination, servicing and collection on the account. There are additional requests that could be made depending on the specifics of the case and the theory of defense of the case. For more information, seek a referal to a consumer lawyer at naca.net or budhibbs.com. David Humphreys hwh-law.com
What do you call a person who files a complaint?
Lead Plaintiff - A person named in the complaint as the plaintiff and who has been determined by the court to be a legally "adequate" person to represent the interests of the class.Besides the "lawyer" who manages a lawsuit, the Lead Plaintiff is the main person.
