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Date: Wed, 11/11/2009 - 18:45

Submitted by figures2000
on Wed, 11/11/2009 - 18:45

Posts: 249 Credits: [Donate]

Total Replies: 7


I have a case management Conf next week, Before I try to Settle, I need some help to What would be considered Proof that Cach Owns my Account from the OC and they have the right to collect from me the Amount Owed

Thanks for your Help


You may need to file a 'motion of discovery' to get the collection agency validate the debt and for validation you may ask for the following documents.

*Original contract signed by you.

*Contact drawn between the creditor and the collection agency

*Licensing details of the CA.

*Fully itemised statement about the amount claimed to be owed by me

*Validation regarding SOL.

Hope it helps.


lrhall41

Submitted by on Wed, 11/11/2009 - 22:36

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Has it originated from the original creditor? If not, then it mightn't be as powerful an evidence of debt validation. However, if it remains uncontested then it can be used against you.

You may also keep an eye on the thread that you have created on the same topic.


lrhall41

Submitted by SC on Thu, 11/12/2009 - 00:35

( Posts: 3937 | Credits: )


It is probably fraudulent. I have pointed out the suspicious aspects in another thread, in the collection forum. I have received a similar affidavit in my case with CACH. If the signatures of the affidavit and the notary are illegible, tell the judge that looks suspicious.


lrhall41

Submitted by on Thu, 11/12/2009 - 14:27

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my court date is this coming this tuesday, I have asked them in discovery will the signer be at trial, they said the signer does not work for them, they work for BOA, So they went around my Question,

there affidavit has holes, these are the Disputes I have found

in Interrogatories the account number there saying was open and the one the affidavit says are different,

in Interrogatories there claiming account was charged off on sept 05 for the amount of 7,244.07 and affidavit says charged off 0ct of 07, and I have a statement from 10/05 with a balance of 3,621.51


lrhall41

Submitted by figures2000 on Thu, 11/12/2009 - 15:10

( Posts: 249 | Credits: )