Georgia Request for Admissions to Plaintiff Junk Debt Buyer
When sending your own discovery requests to junk debt buyers while in litigation, you might consider using Request for Admissions. It’s like getting to the bottom of the matter and figuring out which facts are agreed upon. Remember, they can send Request for Admissions to you too. They will want you to make certain admissions which will help prove their case. From the defendant’s side of things, it isn’t about disproving the Plaintiff’s case as much as it is pointing to the absence of evidence in Plaintiffs case. Remember, Magistrate court does not have discovery so there’s no point in sending these if that’s where your being sued.
The following are examples of some of the more popular Request for Admissions I’ve seen sent to junk debt buyers:
<original creditor name here> has no direct knowledge of the litigation initiated by <junk debt buyer name here>on the account that is in dispute.
No employee or agent of <original creditor name here> directly requested any employee or agent of <junk debt buyer name here>to initiate any legal action against Defendant.
You do not have the original or a copy of an assignment between you and <original creditor name here>.
There is no written agreement between <junk debt buyer name here> and the Defendant.
In the state of Georgia, the Defendant is authorized to pay the Original Creditor/Lender until he receives notification of assignment of rights to payment and that payment is to be made to the assignee.
In the state of Georgia, if requested by the debtor, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so, the debtor must pay the original lender.
You did not send the Defendant any notification of assignment of the account or assignment of rights.
You are unable to provide a complete accounting for the amount you are claiming.
<junk debt buyer name here> is engaged in the business of collecting consumer debts and regularly attempts and collects consumer debts allegedly owed to another and is a “debt collector” as defined at 15 U.S.C. § 1692a(6).
You are barred under the Fair Debt Collection Practices Act, U.S.C. § 1692f(1) from collecting interest on any amount not authorized by the agreement creating the debt or permitted by law.