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Can a collection agency used printout report to proof as a validation of debt?
Anonymous2 views4 answers
Validation does not mean a print out on their computer or from someone else. It means that they have to have in possession all those documents which makes you accountable for this debt. For instance, the promissory note, the original note, the contract, or letter of understanding which shows your signature. Let us put in other words. If they sue you, they have to show evidentiary proof of your culpability. If not, no judge would give them any judgment.
Malik W. AhmadChapter 13 Bankruptcy AttorneyLas Vegas, NV ·
Validation does not mean a print out on their computer or from someone else. It means that they have to have in possession all those documents which makes you accountable for this debt. For instance, the promissory note, the original note, the contract, or letter of understanding which shows your signature. Let us put in other words. If they sue you, they have to show evidentiary proof of your culpability. If not, no judge would give them any judgment.
The Fair Debt Collection Practices Act does not define what is appropriate for debt verification, and case law sets a very low bar (essentially, the debt collector need only confirm in writing that the amount being demanded is what the creditor is claiming is owed). Does your name appear on whatever they sent you? Does the amount on same match up to what the other side is claiming is owed, less any recoverable interest and/or fees? You may want to sit down with an attorney and all relevant documentation to discuss. Good luck.
Robert T. Kuehl
Kuehl Law, P.C.
Chicago, Illinois
312-840-8270
Email:
[email protected]
Website: www.kuehllawpc.com
You should speak with an attorney who specializes in Fair Debt Collection, some of whom appear to have answered your post. You do not say, for instance, how old this debt is, of there is a judgment, or when you last paid or otherwise acknowledged the alleged debt, if ever. These are all important questions. It is common now, for instance, for unscrupulous debt collectors to call about debts too old to collect or which have been paid.
