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Response to Summons: Card Statements Attached with Summons

Response to Summons: Card Statements Attached with Summons

Served by a summons with no credit card contract copy attached? In cases where in junk buyers file complaints to old delinquent debtors, they fail to provide a copy of the original contract (these documents are not turned over to them by the original creditor) and instead, come up with a vague affidavit to build their case. Make sure to check before you create a response to summons.

It is within your rights to demand a copy of the original credit card agreement as proof that the debt in question is truly yours. If you received a summons and the necessary documents are not attached with the complaint, you can file a Motion to Dismiss the case in Lieu of an Answer. The plaintiff is then given 60 days to produce said documents.

Before the given period is up, your creditor will file all credit card statement issued to you. If this happens, you need to check the Customer Agreement over and check the Copyright date. If you see any discrepancies, you can file a Motion to Strike the Agreement as being irrelevant and win your case.

When creating a response to summons, you need to check whether the statements are accurate. There are cases wherein the junk debt buyers will attach fabricated or altered credit card statements. See if these credit card statements have the original creditor and your account number listed on them. Are these statements copies of the original statements or are they the original statements?

Even if the plaintiff was able to get their hands on your credit card statements from the original creditor, they will still need to prove that the creditor in question is the real party in interest.  The plaintiff will still need to prove that the original creditor sold your account to them. This is called the Chain of Assignment or Assignment.

Any error on the Customer Agreement could spell victory so make sure things are in order before you craft your own response to a summons. Note that the Customer Agreement preside over your entire account. This is what you agreed over when you opened your credit card account and from here, you will learn exactly what you are being sued for. It is important to check of the Customer Agreement and make sure that the date coincides with the year you opened the account with the original creditor.

The plaintiff will have to prove that you own the debt and produce real assignment and not fabricated nonsense made up to trick you into paying the debt in question. The assignment must come from the original creditor who sold the debt to them and any documents they claim were from the original creditor must be signed by the original creditor.

This just goes to show that presenting credit card statement is not enough to win a case! Therefore, if your junk debt collector claims to have the original credit card statements, don’t give up too easily. Remember, the older the credit card debt is, the harder to prove its ownership. Even of a debt is only a few years old, junk debt buyers will still have to prove that they can legally collect that debt.

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