A YouTube viewer of mine shared his experience with a debt buyer lawsuit that I found interesting and I want to share it with you. The debt buyer’s attorney apparently named the wrong company as the plaintiff. That’s a huge error.

In a previous video, I pointed that out to you that you need to carefully look at the complaint and attached exhibits to see if the plaintiff’s names match. You’re looking to see if the company that’s suing you matches the name in the evidence.

When this kind of mistake is made by the debt buyer’s attorney, they’re going to try and correct the error. I’m going to explain to you how a debt buyer’s attorney does this, and what you can do to object to their motion.

I’ve revealed in my YouTube debt buyer videos, that you have to compare the name of the plaintiff with the name of the entity named in their exhibits. Those exhibits are attached for a reason. They are offered to prove that the debt buyer owns the debt. A lot of times the name of the plaintiff and the name in the exhibits are different. That’s a big problem for the debt buyer.

The defendants who discover this error, make a motion to dismiss based upon that error. So, what does the debt buyer’s attorney do in response?

They try to correct the error to make the plaintiff’s name conform to the company named in the exhibits. Here are the debt buyer’s attorney options.

In most states, once the lawsuit is filed with the court, there is a very specific time limit for a plaintiff to amend their complaint as a matter of course without having to get the permission of the court. That’s like a freebie to amend. But, they have to do it within the statutory time limit that runs from the time they file their complaint. Correcting the error after the freebie period expires requires the debt buyer’s attorney to get the permission of the court to amend.

To do that, the debt buyer’s attorney has to file what’s called a Motion for Leave to Amend the Complaint. Their asking the court for permission to amend the complaint to conform to the evidence so their complaint doesn’t get dismissed.

Here’s what you need to do in response to their Motion to amend the pleadings. You need to object to their Motion. So, check this out.

First, the request they’re making is at the discretion of the court. That means that the court is not automatically bound to grant their motion.

Second, the motion to amend has to facilitate a decision on the merits, meaning the amendment helps the judge decide the case. Believe it or not, the US Supreme court actually looked at this issue.

The Supreme Court said that leave to amend the complaint will be denied if:

1. There is undue delay in the proceedings.
2. The movant, that’s the party that’s asking to amend, is doing this in bad faith.
3. Repeated failures to cure the deficiencies in the complaint.
4. Undue prejudice to the defendant.
5. And the futility of the amendment.

Other courts have added another element, that’s called judicial economy. This means that it helps the court decide the case faster without wasting court time.

Here are some suggestions of objections that you may want to cite in your objection. You should probably file a written objection with the court. The court may rule on your written objection, or schedule a hearing.

Argue that there is undue delay in the proceedings. The error was obvious in their complaint, but how long did it take for the debt buyer’s attorney to spot that error and amend? Why didn’t they amend the first time when it was a freebie?

What reason do they have to amend now when it requires the court’s permission?

The debt buyer’s attorney needs to state their reason in their written motion. Without their explanation, you have no clue why they’re asking the court to amend their complaint.

This takes us to the next defense.

You could argue that their failure to cite their reasons in their motion is affecting judicial economy. The court now has to waste its time conducting a hearing.

Here’s another defense. State that the debt buyer’s attorney repeatedly failed to cure the deficiency in the complaint. What took them so long? This is a lawyer that was reckless in their complaint. They should know better than you. They’re being sloppy. Apparently, they didn’t take the time to review their complaint one last time before filing it.

Here’s the best defense. Beat the drum on this one if it applies. Regardless of their motion to amend, the debt buyer can’t prove that they own the debt. Their motion doesn’t facilitate the court’s decision on the merits. Amending the name of the plaintiff in the complaint doesn’t change the fact that they still can’t prove ownership of the debt.

Objecting to their Motion for Leave to Amend their case is part of your job to fight your case. Fight!