Can Judgements happen even after validated debt is disputed
Date: Mon, 10/10/2005 - 11:33
Can a Creditor seek a Judgement in their favor for an assigned debt without giving me the chance to dispute the validity of the debt?
Can I demand proof from a collection agency that they are legally empowered to collect a debt owed to someone else, if so what should I need to see?
Can I demand proof from a collection agency that they are legally empowered to collect a debt owed to someone else, if so what should I need to see?
Hi Welcome to the forums. When you are demanding proof fr
Hi
Welcome to the forums.
When you are demanding proof from the collection agency to validate the debt, they need to provide you the following information. You are not legally required to pay the debt until you get necessary information about the said debt.
- The details of the account.
- All the calculation should be shown of the amount that is owed.
- Any copies of the papers to be furnished that shows the payment agreement.
- Provide a verification or copy of any judgment if applicable
- The original creditor needs to be identified.
- The Statute of Limitation needs to be proven for the collection of the debt.
- The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
- Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
- Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
- A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.
Before a creditor puts a judgment against you, he must have received the dispute letter from you asking for verification of the said debt. Do you have any proof of the dispute letter received by them? If it has been send through certified mail with return receipt requested, you must be having the CMRRR serial number. Show it in the court to prove that you asked for verification but you have not been given the required information.
Besides, a judgment takes place after the creditor has acquired papers from the court. You might be asked to appear in the court to make it legal. My suggestion is to negotiate with your creditors before the matter is taken to the court. They will be willing to co-operate with you if you are willing to pay the debt. Besides, there are other court expenses and if this is regarding a small amount of your debt, they might not take the legal actions.
Regards
Roxette
