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Re: [tips_and_tricks] Help on verification of debt

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  • eugene baudin
    read the federal fair debt collection act. you can demand verification of the debt signed under penality of perjury,if a third party is contacting you either
    Message 1 of 5 , Jan 3, 2005
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      read the federal fair debt collection act.
      you can demand verification of the debt signed under
      penality of perjury,if a third party is contacting you
      either fire them or ask to see the power of attorney ,
      to act for the other party

      --- rd <nwo@...> wrote:

      >
      > Happy New Year!
      > >
      > > With all due respect, what is the prescribed
      > verification by the
      > > creditor for the alleged debt? What may be the
      > pitfalls that the
      > > creditor is exposed to allowing an affirmative
      > defense by the
      > alleged
      > > debtor?
      > >
      > > I'm interested since I too am in that situation.
      > >
      > > G-- bless and yours in liberty,
      > >
      > > Roy
      > >
      > >
      > > Have you requested the creditor verify the alleged
      > debt?
      > >
      >
      >
      >
      >
      >
      >




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    • gary
      Sorry, but there is nothing in the FDCPA that says that or anything close to that. In fact, the FDCPA doesn t even define what verification means. The court
      Message 2 of 5 , Jan 4, 2005
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        Sorry, but there is nothing in the FDCPA that says that or anything close to that.  In fact, the FDCPA doesn't even define what verification means.  The court cases on this vary with what the verification consists of - depending on the case - but no case I have ever heard of required a sworn statement.  You can certainly ask for one, I doubt you'll get it. 
         
        Original creditors are not under the FDCPA so, it has to be a third party collector. 
         
        Gary
        ----- Original Message -----
        Sent: Monday, January 03, 2005 10:24 PM
        Subject: Re: [tips_and_tricks] Help on verification of debt


        read the federal fair debt collection act.
        you can demand verification of the debt signed under
        penality of perjury,if a third party is contacting you
        either fire them or ask to see the power of attorney ,
        to act for the other party

        --- rd <nwo@...> wrote:

      • Steve
        Also, be careful. Attorneys who write you and admit they are debt collectors will swear in court that since they are representing the original debtor, they
        Message 3 of 5 , Jan 4, 2005
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          Also, be careful. Attorneys who write you and admit they are debt
          collectors will swear in court that since they are representing the
          original debtor, they are not 3rd party debt collectors. However, I
          recently served interrogatories on one like this and asked for proof
          that the bank had retained him, and he refused (objected) to answering
          any of this questions claiming they didn't have relevancy.


          gary wrote:

          > Sorry, but there is nothing in the FDCPA that says that or anything
          > close to that. In fact, the FDCPA doesn't even define what
          > verification means. The court cases on this vary with what the
          > verification consists of - depending on the case - but no case I have
          > ever heard of required a sworn statement. You can certainly ask for
          > one, I doubt you'll get it.
        • gary
          All attorneys are third party debt collectors - assuming they meet the required amount of debt collection business - no matter who they represent. Doesn t
          Message 4 of 5 , Jan 5, 2005
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            All attorneys are third party debt collectors - assuming they meet the required amount of debt collection business - no matter who they represent.  Doesn't matter if they are representing the original creditor or not.  The only attorneys who are not third party debt collectors are those whose debt collection business is only incidental - I personally think they should be included - and "in house" attorneys who work as employees of the creditor and contact you on the letterhead of the creditor.  There are very few in house attorneys who do collections.
             
             
            Gary
            ----- Original Message -----
            From: Steve
            Sent: Tuesday, January 04, 2005 6:54 PM
            Subject: [tips_and_tricks] Help on verification of debt


            Also, be careful.  Attorneys who write you and admit they are debt
            collectors will swear in court that since they are representing the
            original debtor, they are not 3rd party debt collectors.  However, I
            recently served interrogatories on one like this and asked for proof
            that the bank had retained him, and he refused (objected) to answering
            any of this questions claiming they didn't have relevancy.


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