Glad it was helpful -- hope you have good success ASAP! John

Glad it was helpful -- we'll have one tomorrow that might be good for you also -- using the illustration of a check. Hope you find it helpful! John

Very welcome -- glad you found it helpful! John

Thanks Carlos!

thanks!

Sir, you mentioned the Uniform Commercial Code, thank you for that nugget of information.

Thanks and good luck!! If you can get with a NM lawyer to get some tips before your trial. John

Thanks!

Craziness! Well said thanks for your comment.....

Yep -- they pretend they don't know. Then they say it is top secret. :)

The terms and conditions of the contracts for credit card agreements are online. They all give the right to sue or more accurately none of them take away the right to sue by the original creditor. Other contracts could limit the rights/remedies as you pointed out. But they need to prove what the contract says. Then you need each and every purchase agreement. Its a mess for these debt buyers as they want to skip the hard work of proving things. :) John

What they purchased the debt for(usually pennies on the dollar) is not a defense you can use against them when defending yourself

Its not so much that they make them produce it -- it is that (in my opinion) the debt buyer can NOT prove its case withOUT the purchase agreement. So we object to the bill of sale (see today's video going up in a moment) as it refers to the purchase agreement. The judge says, "Where is the purchase agreement?" We don't have it. "Then you lose." That's the way it has gone for us -- have to know your judge and your state's rules etc. Best wishes John Watts

Yes

That's going to be based on your state law as to what is the proof or analysis of a car title or deed to determine ownership. John Watts

Have to know what your judge believes is enough. The judges I have tried cases in front of believe the purchase agreement is required. But what they are telling you is 100% the way all of my trials have gone with one exception. I had one debt buyer produce the purchase agreement in 15 years of handling these cases.... So you can feel confident they are telling you the truth and then plan accordingly for them to NOT have the purchase agreement. Best wishes John

I tried that, they said come to our office and 50 miles later all I got was every page they files and about 20 more pages of nonsense. No Agreement

Are you sure its the actual purchase agreement? These will typically be about 30-40 pages long. John

A response would be greatly appreciated !

So who is suing you? The finance company or a debt buyer (Autovest, Jefferson Capital, etc)? Typically the transfer from dealer to finance company happens in a day or so of purchase. You could ask for that but when I talk about purchase agreements I'm more speaking of when an alleged debt buyer claims to have bought a defaulted debt.... John Watts

@@johngwatts okay I just seen this after typing my last response asking the same questions you answered. Yes it’s the finance company. “Gate way financial solutions”. I did default on the loan plenty of times. But when I was sent a letter with choice to redeem they would never answer my phone calls or call me back when it came to me “actually trying to do it”. Plus it was times the salesman made me pay him under the table. Times he called & was very aggressive saying I owe money or he would take the car. I have many complaints that I want to argue. Because even though I owe the debt. I feel like all of the violations could bring me to not paying the settlement & possibly suing back. Or atleast getting it wrote off. Do you think I have good defenses ? Or will a judge not care?

I think you may have something. I would NOT recommend doing this on your own -- get with a consumer lawyer in your state. It may be a "defense" that you have or it may be a counterclaim (going on offensive) against the company that sued you. Generally whatever violations happened by car dealer before the sale are the responsibility of the finance company that buys the paper. Best wishes and sorry having to deal with this! John Watts PS -- try www.consumeradvocates.org/find-an-attorney for a good starting point on finding a lawyer in your state.

You can always send one. Technically the collector doesn’t have to respond if outside the initial 30 day period (what’s called the Section 1692g period) but most will respond regardless of the time if you ask them.

@@johngwatts apréciate you . Thanks

I don’t think so as it is a contract. Not communications with an attorney. Did a company tel you this or you simply preparing for what they might argue? Thanks for comment and question. John

@@johngwatts I asked for the purchase agreement aka assignment contract in discovery to see what they would say and their response was: to the extent that this request seeks documents subject to attorney-client privilege, plaintiff asserts attorney-client privilege as to all communicates between it and it’s attorney(s) related to the defendant and collection of the account. Discovery is ongoing and plaintiff reserves the right to supplement this request should additional documents become available. This is total bologna. I had a meet and confer call with the other side and the person I spoke to said he doesn’t think my request is a an attorney-client privilege. I told the him that the affidavit they sent me was total nonsense and then he said I can object to it and I was like really, dude. Then he said they plan to have an affidavit titled Business Records Affidavit but didn’t send it to me because they haven’t created it yet. OMG! Then he said we should just try to work out a settlement. They expect me to want to work out a settlement deal with them when they purposely file lawsuits using false pretenses.