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Can a debt collector REQUIRE me to show proof I do not owe on a debt ??

Englewood, FL |

I sent a debt collector (MCM) a letter requesting validation of a debt they want me to pay (registered return receipt).They say that I have to provide them with all my documentation. I dont recall getting a CC from FIA, so I have no documentation. I have been unemployed 4 years made no payments to anybody for 1 year before that. I lived in NH at the time I think the card was issued - I now live in Florida. Do I have to provide them with anything ??

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Attorney answers 3


You have to either reply to the original letter they sent to you, OR, if they didn't send a letter to you, you have to provide them with at least enough information so that they can identify the alleged debt about which you are seeking validation. They cannot validate a debt that they cannot find or identify. HOWEVER, if it is clear that they know what you're talking about, then no, you are not required to provide them with anything, and in fact, you may be compromising your own privacy by sending out private personal information into the vast debt collection universe. It is THEY who need to validate the debt to YOU, NOT the other way around.

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What in the world do they think you have available to send?

If the debt collector claims you had a credit card with FIA, and you believe you did not, the only reasonable validation would be a copy of your credit application, which they have the ability to obtain. It could also be helpful to see charge slips and an early statement to see what address FIA had for you. Suspect identity theft under these circumstances.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.


I'm assuming you sent a letter requesting validation in response to a FDCPA letter your received from them. They are required to now provide you with that validation. In case you were unaware, FIA Card Services is MBNA. perhaps your account was with them. If you still don't recognize the creditor, along with validation request a copy of at last one statement from the original creditor. This will show you the name and address associated with the account. If this is not you're account you may want to provide an affidavit of fraud. In a lawsuit the initial burden is on them to prove they have a valid debt and the correct debtor.

Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

Gary D. Bollinger

Gary D. Bollinger


FIA acquired more accounts than just MBNA. Pull a credit report & see if you can track the predecessors to the original account.

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