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I requested a debt validation which arrived 6 months later with no signatures just a photo copy of the debt.

Brockton, MA |
Filed under: Litigation

My question is should is that considered a debt validation without original contract and signatures. Thank-you to all who answer[ Credit Card]

Attorney Answers 1

Posted

From my experience that would not necessarily be enough. It is not enough to provide what you say they provided you. They must identify the terms of the loan, display accounting of any payments, the dates on which those payments were made, the interest which had accrued, any late fees which had been assessed, and so on, including the existing unpaid contract balance. Basically, they must send you full payment history, a copy of any contract, and how they calculated any fees tacked on. If they sent you what you said they did after your request for validation, it would be deemed a communication from them, and if this is a third party debt collector we are talking about, then it is possible that they violated Federal Law for a misleading and/or unfair communication and owe you max $1000.00 for violations of the Fair Debt Collection Practices Act. They could also be liable to you for violations of state law as well, especially in MA, where we have a strong state statute. Feel free to contact me and I might be able to direct you to an attorney who can help you, but regardless I would seek legal representation. Sometimes lawyers will take these cases on contingency.

Please do not take my answer to be legal advice that would establish any attorney-client relationship. Please take it as a general response from my own experience in response to your question. I hope you find it helpful.

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