Real Party in Interest means…………that the Plaintiff who is suing you has the Legal Right to do so.

The person or company that is suing you has to sue in their own name.

A Collection Agency or Junk Debt Buyer cannot just throw it out there and say HEY we own this debt now and we are suing you.

That’s where I would say PROVE IT. Show me a Valid Assignment! Show me that Providian Bank sold you all of their rights to this original account. Show me that you can collect such and such interest, show me that you can collect Attorney Fees. In fact show me the contract! But that’s a whole different subject.

So basically when A Junk Debt Buyer is suing you they are claiming that they OWN the Debt.

That the Original Creditor sold your account to a Junk Debt Buyer (Collection Agency).

People put down Failed to Name The Real Party in Interest for a Motion to Dismiss if their State requires the Assignment to be attached to the complaint.

Or if the assignment is attached they would list Failed to Name the Real Party in Interest in their Affirmative Defenses. Because you never know farther down the lawsuit you may need this Defense if you learn the Assignment is complete Garbage.

That is where the Assignment comes in. You would need to see the Chain of Assignment to be assured that they truely are the Real Party in Interest.

How do you know that this debt wasn’t sold 15 times over and only owner Number 2 has the right to sue you? You see, you don’t. That is why you need proof that they can legally collect and own the old credit card debt.

Proof that, let’s say, for example, Providian Bank sold their Account to John Doe. John Doe would have to show you the Assignment of Rights, that they truely can legally sue you. That they, own the account.

So that is Failed to Name the Real Party in Interest when dealing with JDB’s or Collection Agencies.

The Assignment means EVERYTHING and so does that Contract.

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