Is a company required to verify I owe a debt they say I owe them?
UVU sent me a $6000 bill they claim from 2018. I requested: the original signed contract proving I owe this debt, agreement that bears my signature where I agree to pay this alleged debt, date this alleged debt became payable, date this alleged debt became delinquent and a complete accounting of alleged debt. They responded that the previous debt collection agency already provided this. The 3rd party agency didn't send this information. The debt is not with this debt collection agency and sent back to the school. The school replied: You spoke with our office on [date] regarding where to find this agreement and we again provided you with information where to find it. You also tried to settle your account while placed with [3rd party collection agency]. I have not yet received this information. Can they continue to collect or report this debt without providing me this information?
The note on my account says I called for verification, they were unable to provide it but I could access in my student account. I tried to retrieve my student account but was unable. I asked for them to mail me a copy but they don't have access to this information and couldn't send verification.
At some point in the process, yes the Creditor is going to have to provide you with verification of the debt. However, it is most likely that they will continue to hound you until they have sufficient evidence to actually proceed with the collection case against you. Be very, very careful; Creditors are extremely tricky. In Utah, if you "acknowledge the debt" or if you make any payment on it, that will renew the statute of limitations. So, they may say -- I'm sorry, but we can't get you a copy of the tuition report until you pay us $50; or they may ask you, did you go to UVU? Did you pay all of your tuition, or could you have had a lab fee that was not paid? They are very good at tricking you into saying something that can be interpreted later as an acknowledgment of the debt. They are already setting you up by using terms such as: "you attempted to settle this debt with the other collection company". They're going to use this statement as an "acknowledgement of your obligation. For this reason, you really need to have an Attorney guide you through the process. Now is the time to retain a qualified Attorney to represent you in the case. I do not practice in the State Courts, my practice is exclusively in the Federal Bankruptcy Court, so unless you have substantial other debts that you feel it is time to address all of your financial situation at once, you may wish to consult with another Attorney rather than myself. However, if you wish to explore your rights under the Bankruptcy Code, please feel free to contact my office. I wish you the best of luck in bringing closure to this situation. (Make my day: vote my answer as most helpful.)
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