Have you been sued in a General Sessions Court in Tennessee? Is the Plaintiff a debt purchaser? If so, call us at 615-585-2245 or email us at info@barnettelawoffices.com.
Debt purchasers go by many names – Portfolio Recovery Associates, Midland Funding, Asset Acceptance, CACH, LLC, LVNV, Gault Financial – but there are many. Essentially, they all have the same business model. Buy old credit card debts – or any debt really – for cents on the dollar and sue you for it. However, you have options and Jason Barnette - Tennessee Consumer Protection Attorney – will fully explain those to you during a free consultation.
Debt purchasers – regardless of their name – must show a chain of title in order to prove up their claim. This is often difficult for them. Moreover, they typically must authenticate said chain of title through witness testimony. Some may argue that their affidavits are not hearsay and rather, “business records” but do businesses; i.e., make affidavits for all the accounts they have? Of course, no they don’t because such documents are prepared for litigation alone.
Furthermore, debt purchasers are subject to the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Tennessee Collection Services Act. Chances are, the debt purchaser that is now suing you has violated one of the Acts cited above. Indeed, they may not even be lawfully permitted to sue you in Tennessee.
If you’ve been sued by a debt purchaser, call us at 615-585-2245 or email us at info@barnettelawoffices.com. We can help.
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