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Help on verification of debt

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  • 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 1 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 2 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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