Re: Sueing during the validation process
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Posted by Dr.Entropy (165.121.122.112) on February 15, 2003 at 00:38:20:
In Reply to: Re: Sueing during the validation process posted by patti on February 13, 2003 at 14:35:31:
Wasn't the intent of the FDCPA to reverse the burden of proof in debt collection actions onto the collector where it rightfully belongs? The Validation section of FDCPA says
"Verification of the debt or any copy of judgement". To me that means that the CA must come into court with the proof of the debt already established. Show me the contract etc.
Other than a judgement, the proof can only come from the creditor because CA has only second hand knowldege. He must have in hand an aFfidavitfrom creditor or a copy of signed contract etc. Creditor wont provide affidavit or copy of contract to CA because he knows the loan is based on a fraud. They sold your promisory note to fund the loan. I'm a newbe to this list. Have I got it all backwards?
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