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Scouse wrote:These JDB in the US buy them because they usually win their cases through default. The defendant never responds to the summons so they automatically get a judgement.
From what I gather...it is very difficult for them to prove chain of ownership of the debt. Since it was obtained in another country and they rarely have any paper from the original creditor. They must prove that they have a legal right to collect on this debt.
This certainly has been an education for me.....
Scouse wrote:They pay pennies on the dollar for these debts. To initiate a lawsuit is another $125....where I live anyway.
Since many are won through a default judgement...they make much more money than they lose. They are counting on most ignoring the court summons and they win.
It doesn't have to be a huge debt for them to buy/pursue them in the courts here in the US.
steve1001001 wrote:Scouse is right, it costs $206 in court fees in Texas to file civil suit, most win by default because people don't answer. Scouse, did your summons have some affidavit attached to it? This is all they need to get a default judgment. If you stand up and contest, their case will crumble. The court handling my case has set a dismissal hearing for May.
Scouse wrote:There was nothing attached to the summons. The law in the state I live in requires a copy of the written agreement be attached to the summons.
The JDB had the audacity to admit that they have no paperwork on this debt as they are not the original creditor and/or the amount may be too "voluminous".
I will answer the summons and fight it all the way. I may not win but doing nothing is not an option.
Scouse wrote:The JDB needs to prove that they have a legal right to collect this debt, they must also give an accounting of the amount of the debt....rate of interest etc.
In the US admitting that you have no paperwork is foolish. Without the paper trail they have no case. That admission, in and of itself, is grounds for dismissing the case. However, most judges will give them ample time to obtain this info.
As I wrote earlier, they are counting on most people being ignorant of the laws and ignoring the summons.
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