When should I request proof of ownership of debt from a plaintiff and what constitutes legal proof?

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When should I request proof of ownership of debt from a plaintiff and what constitutes legal proof?

I just received a summons to appear in 3 weeks regarding a charged off credit card debt. The plaintiff is a debt collector. The summons lists the debt information -creditor, dollar amount and account number. Should I request verification from them that they have the right to collect this debt before going to court or wait until my court appearance?

Asked on May 28, 2012 under Bankruptcy Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The first thing that you should do is to answer the summons and complaint and raise "accord and satisfaction" as an affirmative defnse along with the statute of limitations and lack of personal jurisdiction (that they failed to serve you properly).  You can send them a certified letter before you get to court requesting validation of the debt - which is their right to collect along with a copy of the original contract and a history of charges and payments.  Also ask in court.  Good luck.


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