Is the list below valid items to request from collection agancy trying to collect a debt from a consumer? What if they only provide one document (photocopies of signed contract)? Is this enough to prove debt or are all the documents required before debt is fully verified? Thank you.
•The SIGNED agreement which authorizes the creditor to collect debt on the alleged debt.
•The SIGNED agreement from the debtor confirming to pay the creditor.
•Documents regarding ANY payments made on this account validating the debt and that I truly am responsible. If no payments made, provide documents indicating this.
•PROPER validation that this debt is truly mine and that drs/BONDED is the assignee and has a license to collect this in my state of residence; Wisconsin.
I don't think that they have to provide all, but I do believe that whatever they are providing MUST come from the current creditor. They cannot just print whatever they have on file. If they do it could be a misleading communication back to you from the debt collector that could entitle you to max $1000.00 under the Fair Debt Collection Practices Act (FDCPA). Please feel free to give my office a call early next week so that we can try to put you in touch with an attorney in your state who might be able to provide you with more information and help you. I hope this has helped.
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.
I think that a copy of the signed contract is sufficient to validate the debt under the FDCPA. If payments have been made and they are not credited on the amount the debt collection agency is collecting then providing an accounting for payments would be part of validating the amount of the debt. I cannot tell from your question whether there are genuine disputes about these items or you are just attempting to forestall collection efforts.
3 lawyers agree