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Collections people have to show proof you owe the debt. What kind of proof would they have?

2007-04-10 13:18:08 · 2 answers · asked by KinWin 5 in Business & Finance Credit

2 answers

The FDCPA itself is fairly vague (in my opinion)
It basically says that if the consumer request verification from the collection agency, the collection agencies must provide verification of the debt, any copy of a judgment, or the name and address of the original creditor.....

Verification is different from validation. A person should always request validation, not verification.

To get to the meat of the matter a person would have to go through the FDCPA staff opinion letters and case laws.

For instance the Wollman FDCPA staff opinion letter states that the information the collection agency must come from the files of the original creditor and not from the files of the collection agency
Not a collection agency computer print out, an affidavit of debt from the collection agency, collection agency bill, etc
There is case law on some of those issues also.

And for instance, a complete payment history with the original creditor and how the debt was calculated. What fees and/or interest were tacked onto the debt and how were the fees/interest determined by both original creditor and collection agency, etc.
You would go by the case law of Fields v. Wilber Law Firm

With the FDCPA opinion letters and different case laws, there is actually quite a lot that can be requested as validation.

For a few examples:

Proof that the collection agency has the legal right to collect on the account - a copy of the assignment from the original creditor to the collection agency, or a bill of sale. And the date of assignment or purchase.
A copy of the signed agreement between the consumer and the original creditor.
A copy of a signed agreement between the consumer and the collection agency showing the consumer has a contractual obligation to pay the collector.
The date of first delinquency with the original creditor.
The date of the charge off with the original creditor.
Copies of all statements of the account while the account was open.
Proof that the collection agency is licensed and/or bonded in your state to collect - if your state requires it.
etc., etc., etc.

That should give you an idea of the "many" different things you can request in a validation letter.

2007-04-10 17:33:51 · answer #1 · answered by echo 7 · 2 0

They should have the bills from the company that you didn't pay. They also need to show proof that the reminder bills were sent.

2007-04-10 20:26:58 · answer #2 · answered by Teresa C 2 · 1 1

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