debt buyer

What is the name of your state?Michigan

My credit card debt was recently purchased buy debt collector
(NCO Financial ). They have served me with a law suit and are sueing me for this debt.
Does anyone know the answer to the follwing question:

1) They claim they do not have the original contract, yet they have maked my credit, doesnt that boarder on defamation of character.

2) Without the original contract, can I force the removal of
the mark fron my credit.

3)What are the business laws when a contract is lost.

Thank you,
Afterhrs.

[Ladynred]

No, its not defamation at all, its typical NCO collection practices.

How old is the debt and when did you last pay the ORIGINAL creditor (OC) ??

Have you demanded validation ? If not, do so - just because they're suing doesn't mean you can't make them validate. They're going to have to prove it in court anyway and a 'lost contract' may not cut it.

The usual process is to demand validation - wait 30 days, then dispute with the CRA's. If they verify with the CRA's w/o validating to you, then the game begins and you may be able to get deletion.

You can read up on the whole process at [url]www.creditinfocenter.com[/url] and [url]www.creditboards.com[/url]

[racer72]

And if you think you will get off when they don't show up with your original signed contract, fuhgettaboutit. Your validation and the evidence that will be used against you in court is your payment history record. The CRA's and just about any judge will accept that as proof of the debt. It's awful hard to argue against something that will have your name, address, checking account numbers and other credit card numbers written all over it. If the debt is truly yours, you will have to find something else to get rid of the debt.

Ladynred,
Thanks for your reply, I will do just that. I last paid the originator in 2001.

Racer72,
Thanks, I have more than one card to play here, or so I think.

Regards,
Afterhrs