What is lack of standing in a debt collection lawsuit?

7/29/2008 7:01:09 AM

When you’re being sued by the debt buyer and not the original creditor, then you may be able to use the lack of standing defense (no business relationship with the creditor). Since you never entered into an agreement with the debt buyer, you can challenge the debt buyers standing (right to sue you). The debt buyer must prove to the court that it legally brought and now owns your debt. The debt buyer must produce an assignment (contract of sale) that specifically lists your debt. If the past due account was previously assigned to one or more debt buyers, then the debt buyer must produce a chain of assignments. Failure to provide the said documents can result in the court dismissing the case. The debt buyer will probably insist that the contract of sale is irrelevant to the case; you may have to file a request to produce with the court to obtain these documents from the debt buyer.

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