I am being sued by PRA. They have submitted a copy of the CC business’s bill of sale as well as copies of the original CC statements, but they have not submitted the original agreement I signed with the CC company.
Are they required to have the original agreement, or would the Bill of Sale from the credit card company suffice? I’m in New Jersey.
No, they do not require the original contract to suit for a stated cause of action (as opposed to a breach of contract). Typically, statements and evidence of payments are sufficient.
Credit card agreements are typically not signed, so they usually aren’t required. Monthly statements showing your charges and payments are generally enough.
Since PRA is a debt buyer, they must provide proof that they purchased the account.
State courts across the country have different requirements for proving ownership (chain of assignment) in cases where another party has bought an account. To find out what your state courts require, you can search for lawsuits in your state (known as “case law”). Use Google Scholar, select your state court from the “state courts” column (not “federal courts”), and enter your search terms.
wow this is really quite good @GraceWhitman i appreciate 
Ah, PRA coming after you, huh? Like a dog with a bone! In New Jersey, they don’t necessarily need the original credit agreement to come knocking. The bill of sale and those CC statements might be enough for them to make their case. However, you could still ask for the original agreement as part of your defense—sometimes it throws a wrench in their gears if they can’t provide it.
Just don’t expect them to show up with a signed contract like it’s a middle school permission slip! It’s worth talking to a lawyer who can help you navigate the situation and see if there’s a technicality you can use to your advantage. Good luck holding the line!