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Validation of Debt

Milwaukee, WI |

Collection agency provided copy of signed contract to validate debt. I read they also need to provide agreement from creditor that they are legally entitled to collect debt; meaning creditor assigned file to them for collection and that CA provide license to collect in my state of residence, Wisconsin. Is all three proofs of validation required or is the signed copy enough? Or do I advise CA that debt is not validated and wait until lawsuit and judge to determine? Thank you.

Attorney Answers 3

Posted

The collection agency has to receive information to help validate the alleged debt from the current creditor. The FTC has stated that mere itemization itself is not enough. They cannot just give you what their own account information and offer it as proof that the alleged debt is valid. Copy of the signed contract is good, but they should also give you something breaking down the charges. If you have actually spoken with this agency feel free to call my firm early next week and we could try to put you in touch with an attorney who might be able to assist you.

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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Posted

You might find this brochure helpful: http://www.naca.net/sites/default/files/KowYourRightsAboutADebtYouOwe.pdf

Contact a local consumer law attorney for more help with your questions.

My answer is for only informational purposes and is not legal advice. I am licensed to practice law in Oregon and I recommend contacting a local attorney for the best help with your legal questions.

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Posted

What they provided is probably enough for validation under the FDCPA, but might not be enough for them to win a state lawsuit on the alleged debt. I would recommend you find a debt defense/consumer lawyer in your state (at www.naca.net) if you are sued.

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2 comments

Daniel Anthony DeLiberty

Daniel Anthony DeLiberty

Posted

Sorry, did not see that the previous person had already pointed you to NACA's site.

Daniel Anthony DeLiberty

Daniel Anthony DeLiberty

Posted

Also, I must point out that it is pretty rare for a collector to have a copy of the signed contract. So, that might mean that their evidence is on the strong side. Your lawyer will be able to evaluate the strength of any possible defenses.

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