Illustrations about why need purchase agreement
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- Опубликовано: 28 дек 2020
- The purchase agreement is the actual contract between the debt buyer and whoever they have (supposedly) bought the debt from.
They hate to reveal this in a debt collection lawsuit.
Here are some thoughts to get you thinking about illustrations/examples that you can use to argue why you need the purchase agreement.
Best wishes and thanks for watching!
John
John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
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John, I stuck through until the end. How could I not? The information you provide in these videos is GOLD. Pure GOLD!
Thank you! Thank you! Thank you!
First and foremost, id like to say Thank You!!! By providing this content for free and available to public is truly insurmountable. May god bless you and your firm.
This is very helpful to me. I was turned down by free counsel today (because the lawyer had already reached his grant amount in how many clients he can represent), so these videos are helping me in my preparation. They are a wealth of information. Anyone currently being sued by a debt buyer, this is where you need to be to give you some confidence to offset the knocking knees when you go before the judge, in person or via zoom. I feel good enough for part 2 of my trial coming soon. It won't be the last part unless the judge is sick of the Plaintiff's dodging.
Glad it was helpful -- hope you have good success ASAP!
John
I have been in difficult times for a long time, this is a stressful event (lawsuit) for me. I have been kicking and screaming along the way ( methaphoracly), and it has worked, when i need an answer as to "how to..." you come out with a video to answer that ...Anyway, thanks, and i hope god keeps you and your family healthy n safe. From CA.
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
informative, calm, and collective
*Great Content .. Thank you*
Always great information. Thanks for educating.
Very welcome -- glad you found it helpful!
John
i luv this guy
The favorite excuse has to be that it is too burdensome for the Plaintiff to produce the Original Purchase Agreement.
If it's too burdensome to produce evidence then it should be too burdensome to file a suit.
Better yet that their "contract" is Proprietary Work Product and must remain confidential.
Craziness! Well said thanks for your comment.....
Great information and great presentation.
Thanks Carlos!
I.love.this.guy.
Thanks!
I stuck it out to the end. Very informative.
thanks!
Sir, you mentioned the Uniform Commercial Code, thank you for that nugget of information.
🔥🔥🔥
Debt buyer: "Were suing you."
Consumer: "Do you have the purchase agreement?"
Debt buyer: "What's that?" 🤣
Yep -- they pretend they don't know. Then they say it is top secret. :)
I appreciate all the information pertaining to lawsuits of portfolio recovery assoc. Very awesome informative and helpful for me and i feel I am going to win my case Pro Sè knowing more about what to say in court. It’s intimidating but I have renewed confidence hearing all of your important information. It is so valuable to me. Muchas gracias from New Mexìco.
Thanks and good luck!! If you can get with a NM lawyer to get some tips before your trial.
John
Even IF you had the purchase agreement, the seller could not sell more rights to the buyer than the seller owns. Often times remedies are built right into contracts. How do we know which remedies were evan available to be sold without the origional contract?
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
LVNVs attorney sent me a bill of sale showing that that they purchased a debt but there's no purchase price. I found that because when you purchase a vehicle, the bill of sale usually has a purchase price/amount that it was purchased for🤔
What they purchased the debt for(usually pennies on the dollar) is not a defense you can use against them when defending yourself
Thanks for another Great Educational Video. when I received the answer to my Production of documents request there is a letter from the original creditor saying my debt was aquired by MCM. I do not remember getting this letter and looks like something that was just made from a Word Document, it is not signed by a person says just Sincerely, Original creditor. so would the argument be that I do not need a letter from the original creditor saying that the plantiff aquired the debt, I need to see the actual purchase agreement stating that the plantiff aquired the debt?
Yes
What if they have the asset sale agreement but no bill of sale?
Hi. what legal book is recommended for a pro se to learn the NYS and NYC rules of procedures.
What if the debt collector send you a purchase agreement from the original creditor and a couple of statements alone with your court summons. But the current debt collector name is not on any of those pages/paper?
Thank you, would purchase agreement give the terms of the assignment for the purchaser (me) who signed the retail contract
Do most judges usually make the debt collector attorney furnish the purchase agreement if we represent our selves to ask for it?
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
If the purchase agreement is not produced, must the court draw the adverse inference, that no such purchase agreement exists, and the debt buyer does not own the debt?
Is the purchase agreement needed in Virginia? And does this work for all debt credit cards, personal loans ect?
Is there any case law that supports this notion regarding the purchase agreement? Does this work in arbitration?
Why can’t the purchase agreement be obtained from the original creditor using third party discovery (a subpoena)? My state’s law permits that.
Anyway, with regard to this, where might I find a sample request for production of this stuff?
Also, if I am being sued for an auto installment loan due to deficiency & the bank I financed through (which obviously isn’t the original creditor, because the original creditor per my affidavit is the dealership in which I financed the car).. would there still be a purchase agreement ? Given they’re not a debt collector agency they are the bank I financed my car through?
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.
Don't they buy bad debt in bulk? If so, can't they just say your account was included in this purchase
I got an email from my original creditor that states my account was sold to xyz collection and thet will be servicing my account. Can't they produce that same email?
If 2 people are om court claiming ownership of a piece of property who holds the deed.or the car title .
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
I had a judge ordered mediation call last week and when asked the debt collectors lawyer said that they will not send me the purchase agreement and they do not intend to bring it to court because the bill of sale should be enough.
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
Can you tell me how long do I have to file a validation request once I been sued, a year has passed and we still going, now I don’t know if there’s a particular law can you guide me please
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
Can I ask the law firm who is representing the debt buyer to bring one to trail or send one to me.
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
Just how are debt purchase NOT treated as securities?
Hi John
Can the other side assert attorney-client privilege as a reason not to produce the purchase agreement?
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.
The purchase agreement attached I received is so generic with nothing of my personal information, it just shows jpg files and that’s it.
Are you sure its the actual purchase agreement? These will typically be about 30-40 pages long.
John
Isnt it unlawful for the debt buyer to obtain any information about the consumer without the consumers consent and knowledge? This is a violation Title 15......??