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Debt Validation in court

Date: Mon, 11/03/2008 - 00:06

Submitted by anonymous
on Mon, 11/03/2008 - 00:06

Posts: 202330 Credits: [Donate]

Total Replies: 7


To what extent do CA attorneys have to go to prove the debt in court. Do they have to have pretty detailed proof or can they go in with minimal info such as a couple of old statements from the original creditor. What constitutes sufficient proof to most judges? Especially if the amount is a lot higher than the original amount owed.


You would ask for complete documentation during the Discovery phase. Ask for a complete detailing of the account (all statements) to prove you owe what they say you owe, any proof that they own the account, proof they are legally able to collect in your state (license, bond, etc.) Stuff like that. You have to initiate this, otherwise the judge may let that shoddy 'proof' slide by. Also be sure to object to any affidavits, demand to question who signed them, as they are only considered hearsay without the person present, besides the fact that no one at the CA would be in a position to know for a fact anything about your dealings with the OC.


lrhall41

Submitted by goldenbast on Mon, 11/03/2008 - 07:18

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When I sent a dv letter (within the thirty days) all I got from the attorney were copies of statements the CA obtained somehow from the OC showing the charge off date/deliquent balance, but what scares me is there is one statement from about year after the charge off that shows five payments, totaling almost 2600.00, made over a 4 month time period that I know my ex or I didn't make! I was going through divorce at the time, had lost my job, my car was repo'd, and I was behind in my rent. My ex didn't make them either due to going through forclosure of our house, etc. Neither one of us were paying any bills. I believe it's a huge mistake on the part of the original creditor. They applied someone else's payments on our account or something a year after the charge off! How much will this hurt me if it goes to court? And how do I prove that I didn't make those payments? My credit report shows 2 charge offs, the original one in July of 2002, and another one in February of 2003. (Which would ruin my SOL defense in court.)


lrhall41

Submitted by on Mon, 11/03/2008 - 10:16

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I live in Ga and have not made a payment to the oc, but have made some to the ca on different accts. It has been over 6 yrs since i made payment to the oc. has the sol run out and if so do i have to pay attention to threats from the cas


lrhall41

Submitted by on Tue, 11/04/2008 - 10:16

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