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This usually means producing proof that the debt was assigned to it. Often such proof will be a bill of sale, an "assignment", or a receipt between the last creditor holding the debt and the entity suing you.
At a minimum, it must produce: A copy of the original written agreement between the parties, such as the loan note or credit card agreement, preferably signed by you. If the account has been sold to another creditor, then that creditor must prove that it has the right to sue to collect the debt.
Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.
You are judgment proof if: You do not own anything of great value aside from exempt property like your homestead, a vehicle, household items and tools of your trade. Your income is from a protected (exempt) source.
In dismissing a putative class action under the Fair Debt Collection Practices Act (FDCPA), the Court held that a debt collector may place the validation notice in the body of an email serving as the initial communication with the consumer without having to comply with the Electronic Signatures in Global Commerce Act (
How to Figure Out Your Total Debt BalanceObtain a free copy of your credit report at AnnualCreditReport.com.Make a list of all of the active accounts on your credit report.Call the creditors or sign into your online accounts to find out your current balance.Add up the total amount you owe on each loan.More items...?
Under the Fair Debt collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt.
I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.
When asking for proof, remember these tips:Always put your verification request in writing.Ask the debt collector to respond to you in writing.Ask the collector to verify the original amount of the debt that is still owed and any interest, late fees, and collection fees.More items...?