Daily Archives: July 21, 2015

Zombie Debt Collectors – Answer That Lawsuit!

When you get sued by some company you never heard of, zombieDEBT

DO NOT ASSUME THAT YOU OWE THEM MONEY!

Do not be afraid of the zombies!

Call me, and I may be able to kill them with a crossbow fired

arrow through the brain.

I am looking at one of these zombie suits today.

The plaintiff, as we say in the law biz, is JH Portfolio Debt Equities.

Ever hear of them?

Me neither!

Can we figure anything out from the complaint?

Hell, no!

It is a template from a computer that appears to have been unread by human eyes until posted on my client’s door.

Paragraph one says my client entered into an agreement with: “MICHIGAN ASSOCIATION OF CERTIF,”

Who be they, you may well ask.

We do not know.

It is not our job to guess what the lawsuit is about.  Facts are SUPPOSED to be plead with specificity.

Form paragraph (2) simply states that “Plaintiff is the assignee of the debt/account.”

Because we say so, na na na naaaa, na!

Yikes.

Paragraph (4) states an account #, (5) says Plaintiff defaulted, (6) says the balance due, (7) says Plaintiff failed to pay when asked.

Form Paragraph (8) says: “Plaintiff’s allegations are supported by the attached Affidavit/Statement of Account and/or other evidence of indebtedness.”

Neither a contract nor an assignment is attached to the Complaint.

Nor is there an affidavit.

What is attached is a form of 9 categories on the left, with only 8 slots filled in.

(1) is current creditor, the Plaintiff.

(2) is original creditor, the mysterious “MICHIGAN ASSOCIATION OF CERTIF,” again.

(3) is balance due

(4) is consumer/debtor, my client

(5) is his last known address

(6) is account open date

(7) is “Account Last Pay Date”  which is, blank.

We think, because no payment has been made within the 6 year Michigan statute of limitations.

And they do not want to admit that.

(8) is Account Charge Off Date, which is just the date the regulators tell financial institutions they can no longer carry something as an asset.  A bank’s assets are the money folks owe it.  If you have not payed for a couple of years, whatever the regulations say, the bank can no longer pretend this is an asset.  However, for purposes of a lawsuit, the date is meaningless.

(9) is the Plaintiff’s law firm’s account number, which is totally irrelevant to this lawsuit for breach of contract.

Of course, no one signed or otherwise authenticated this skimpy attachment.

We think JH, whoever they are, bought an old bad debt from “MICHIGAN ASSOCIATION OF CERTIF,”

whoever they are, and filed this form lawsuit through attorneys who did not even bother to read the complaint.

And they sued on a debt past the statute of limitations, which should be a violation of the FDCPA.

More on this one as things develop.

 

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