Who is worldwide asset purchasing
The Third Department, NYS Appellate Division has stated that, to prove a credit card claim, there must be evidence of an agreement between the defendant and the card issuer; issuance of the credit card at the defendant's address; use of the credit card; and retention of monthly statements and payments on the account.
Where a credit card account is assigned, the plaintiff must also produce proof of assignment. However, Worldwide Asset did not have proper proof of the credit card claim. Its only documentation was an account statement prepared by the assignee.
Worldwide Asset had no records aside from an invoice that it prepared, listing the consumer's name, the purported provider of credit, and a "balance.
In order to avoid impositions of sanctions, attorneys have an ongoing duty to assess the legal and factual basis of a claim. Here, the court found that Worldwide Asset's counsel was presented with an opportunity to reevaluate the claim against the consumer after the consumer hired counsel, but the "apparent lack of a factual basis for the claim render[ed Worldwide's] conduct as frivolous.
Worldwide Asset Purchasing had attempted to collect debts without being legally licensed to do so in that state. Also, many of those debts had passed the statute of limitations. Essentially it states how they may legally attempt to collect a debt from you. If any of the above have occurred or been inflicted on you from Worldwide Asset Purchasing, then you have legal recourse.
These can be brought to the court as a defense to your debt collection lawsuit, allowing you to beat Worldwide Asset Purchasing. The statute of limitations governs how long a consumer can be brought to court for debt.
In some states, the statute of limitations is only three years, while it is most commonly from four to six years. In the state of New York, the statute of limitations is 20 years. Often your debt will have been purchased by multiple debt collection agencies or individuals. When this occurs, the time will increase between yourself and the original debt. After the statute of limitation has expired, the debt collector officially loses their right to pursue recovery in court.
This is because the debt is officially time-barred. If you are being pursued for debt by Worldwide Asset Purchasing with the statute of limitations expired, this is an affirmative defense that you will need to raise in court. In this case, although the debt collector may no longer be able to pursue you in court, they may continue to attempt to collect the debt and report to a credit bureau.
This may lead to a reduction in credit score and a negative credit report. After receiving an official Summons and Complaint by Worldwide Asset Purchasing, you will need to respond as soon as possible. If you do not respond in the allotted amount of time, then you will be given a default judgment.
Default judgments occur when you either ignore the debt or simply do not respond. This default judgment against you allows the debt collector to begin garnishing your wages, taking money out of your checking account, and even trying to recover attorney's fees and related court costs.
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Worldwide Asset Purchasing, LLC, or any other third-party collection agency, you may not be entitled to any compensation.
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