Request for Production
Date: Thu, 03/06/2008 - 05:51
I am currently going through the discovery process prior to trial in Texas and am about to file the request for production.
My question is this: what are they(collection agency) required to show as proof that they own the debt and can legally collect on it?
I read some things and have looked over your DV letter. Is it just the contract between me and the original creditor or can other things be considered proof.
Thanks in advance for any help you can provide.
-JoeJoeBean
Request: 1. Signed contract and/or agreement 2. Statements f
Request:
1. Signed contract and/or agreement
2. Statements for the life of the account
3. proof of surety bond
4. proof they bought the account and/or proof they are legally able to collect.
There may be more I am forgetting at the moment. I have heard of CAs sometimes trying to say you are not entitled to that info, but argue that..since you have every right to that info so you (and the court) can make sure the amount and all is legal.
here's the trick of this-- they will only need to produce as
here's the trick of this--
they will only need to produce as much as you require them to, up to a point. For example, a well-known trick that many CA's use is to produce a "sworn affidavit". This is a statement from some person, supposedly an employee of the CA, who swears to the statement that he/she has personal knowledge of the debt in question. This affidavit identifies you as the debtor. In court, the affidavit is worthless--but ONLY if you object to its use because it is in fact heresay, and therefore not admissable in court.
you see, court is a funny place. A lot of things are not allowed--as long as the opposing party objects to them. If you say nothing, then the court will allow it and use it as evidence. Even though the judge knows it is hearsay, he/she will allow it unless you object to it. So, thats why they say that a man who represents himself has a fool for a client--because lawyers know the tricks of the trade, so to speak. I dont say this to scare you, but to educate you on whats ahead. You need to prepare yourself as much as you can. Dont worry, we can help you there.
I would request the specific things that were mentioned already in this thread. If they cannot produce anything showing your exact signature on it, which shows you agreeing to this debt, then they have not furnished enough proof in my eyes.
Yeah I forgot about that affidavit trick..they love to use that,
Yeah I forgot about that affidavit trick..they love to use that, but they can NEVER produce the person who signed the affidavit...so an objection is in order.:)
Would love to see one of these signers brought into court and then brought up on charges of PERJURY since there is NO WAY they can have personal knowledge of the account.