Saturday, July 16, 2011

assigned credit card debt

Defense counsel should send a certified or faxed letter requesting assignment or assignments necessary to show title in the plaintiff under UCC §9-406, 810 ILCS 5/9-406. Under §9-406, the debt buyer is not entitled to payment unless it provides a copy of the assignment(s). After waiting about ten days after receipt, counsel should then move to dismiss on the ground that there is no obligation to pay.

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