Re: help with collection agency

Posted by Bill Bauer on December 25, 2001 at 20:58:15:

In Reply to: help with collection agency posted by Steve on December 24, 2001 at 11:19:58:

If they will not provide you with a copy of something you signed agreeing to pay the purported amount then it's a fairly safe bet they don't have one or the school cannot provide them with one, whichever might be the case. Unfortunately, while you can sue them there is a problem in that the movant party must always prove his case, i.e. bears the burden of proof so that would put you in the often untenable position of having to prove a negative.(they don't have any document signed by you) Once they sue you which isn't likely on a debt of $166 then they have the burden of proof and you can demand they prove the debt. There are several avenues of approach to the problem and one is to demand proof of the debt and if it is not provided in a timely manner then use that fact with the credit bureaus and demand validation. That probably won't get you much of anywhere either because they will probably verify to the credit bureaus and they will keep the listing hung on you, but I suppose it's worth a try.

There are several ways to go about it and hopefully get the job done, but it gets pretty lengthy trying to explain them all.

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