Arlene S Munoz asked 2 days ago
Good afternoon,
I received a reply (a package with bill of sale / assignment, etc) to a Verification letter I sent to debt collector for a credit card account from a credit union that was charged off in 2019. In Florida it seems the SOL is 5 yrs.der
Question: What should be the main focus of my reply letter:
- their lack of proof of ownership if they don't provide a copy of the 'certain loan sale agreement' referenced in their 'bill of sale and assignment of accounts' exhibit?, or
- The SOL and therefore their lack of 'standing' to pursue this collection? or
- ??
Thanks in advance for your input!
Brian Parker Staff answered 2 days ago
One and two are perfect. The SOL, if you can show a last payment of greater than five years ago is your best defense. If they have not filed a lawsuit against you, the clock is still running in your favor. SOL is a great defense if there is a lawsuit. BPP
Arlene S Munoz
replied 2 days ago Thanks Brian! After re-reading the documents they sent I noticed they listed the current owner as ARI,LLC and their Bill of Sale and Assignment are from assignor NFCU to assignee ARI. there is not mention of Arcon, which is a subsidiary LLC of ARI.
Question: Can an LLC subsidiary of another LLC represent the parent LLC and/or sue on behave of the parent LLC? btw: The manager of Arcon is the same person as the CEO of ARI per the Florida Division of Corporations although the company addresses are different- two separate cities in MN. (don’t know if that fact makes any legal difference)…
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