Nebraska officials have revoked Medical Management Consultants’ collection agency license.

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Many collection agencies plan to get more aggressive about going after money owed, the association reported. Roughly half the members who responded to the trade group survey said they might add collection staff; others are looking at technology that offers “collectability scoring” so accounts most likely to pay up can be handled first.

Collecting time-barred debts and debts discharged in bankruptcy

In January 2007 the Illinois Attorney General sued Arrow Financial Services for

attempting to collect debts which were outside the statute of limitations or had

been discharged in bankruptcy. The suit also accused Arrow of getting bank

account information and withdrawing money without authorization. People v.

Arrow Financial Servs LLC, 07 CH 2475 (Cook Co. Cir. Ct., filed 1/25/2007).

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A consumer cannot know, and should not assume, that a debt buyer actually owns the debt or that a debt collector is authorized to act by the true owner of the debt. As is evident from the CAMCO case above (http://www.ftc.gov/opa/2004/12/camco.htm). this is not necessarily the case. As noted above, there are many instances where a consumer pays the debt only to receive a call two months later from another debt collector about the same debt.

A consumer has the right to receive proof that the debt collector owns the debt. Even if the consumer recognizes the debt and believes he or she owes it, they should request, at a minimum, some proof of ownership.

Many consumer debts are “securitized,” or transferred to third parties or trustees for the purpose of permitting investment, with “servicing” retained by the originator.

The actual ownership of the debt should be inquired into in all cases.

Source:Illinois Pro Bono

Let’s say you defaulted on a Credit Card about 5 or 6 years ago, or really the date doesn’t matter. The Original Creditor Charged it Off and sold it.

Let’s say the limit was $500…………they probably sold the debt for $10 to the Agency and now the Agency has tacked on Late Fees, Annual Fees, Attorney Costs etc., and will sue you for $2000 PLUS.

Are you seriously going to let these aholes do that to you? Make them prove that they own the debt, chances are they CANNOT.

They have literally thousands of people that they go after daily. You my friend are just a number. They are hoping that by suing you that you don’t respond and they will get a default judgment against you.

Please look around this site, comment if you don’t understand something.

YOUR LOCAL COURT RULES will save you!!! Especially under Written Instruments, Assignment, Affidavit (Hearsay), Your Court Evidence Rules.

Search, Search and keep on searching within days you will feel like a lawyer! And you will beat them.

Don’t respond? Kiss your wages and your bank account good-bye.

§ 809. Validation of debts

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection

(a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor.

Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

Always check the Agreement that the JDB attaches to the complaint and check the Copyright Date.

Does the Copyright Date fall under the year that you allegedly had the account open with the Original Creditor?

If so, nothing you can do.

If not, I filed a Motion to Strike the Card Agreement simply because The fact that the Plaintiff issued a particular agreement with particular terms is of little relevance in determining the actual terms of the alleged agreement before this Court. At bar, the Plaintiff who has submitted a copy of a Customer agreement has failed to provide the actual terms and conditions agreed to by the Defendant.

WORD!