Failure To Show Ownership of Debt Florida Case Law

Failure to establish ownership of the debt deprives the debt buyer of standing to 10 sue. In Unifund CCR Partners v. Cavender, 14 Fla. L. Weekly Supp. 975b (Fla. County Court, Orange County July 20, 2007), the court held :

The court has reviewed the documents presented by the plaintiff, Bill of Sale and the Assignment, and finds that they fail to sufficiently identify the accounts that were assigned or sold to the Plaintiff. Neither the Bill of Sale nor the Assignment indicate the account numbers or names of account holders. They do not provide any information that would allow the Court to determine if the alleged account of defendant was one of the accounts sold or assigned to the plaintiff.

Without any indicia of ownership that would sufficiently identify the true owner of the account at the time that Plaintiff filed this action, the plaintiff is unable to prove that it had standing to bring the action. An assignment is the basis of the plaintiff’s standing to invoke the processes of the Court in the first place and is therefore an essential element of proof. Progressive Express Ins. Co. v. McGrath Community Chiropractic, 913 So. 2d 1281, 1285 (Fla. 2nd DCA 2005); Oglesby v. State Farm Mutual Automobile Ins. Co., 781 So. 2d 469 (Fla. 5th DCA 2001). “Only the insured or medical provider ‘owns’ the cause of action against the insurer at any one time.” Id. at 470.