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Validation.


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Posted by Drew (24.59.27.46) on February 11, 2004 at 11:14:33:

In Reply to: Re: Validation What If posted by Wondering on February 10, 2004 at 18:53:20:

I will summarize what you said the Collection agency sent you after you requested validation.

1. They sent you a copy of the signed application with your signature.

2. They sent you an accounting of the account with the charges and the accounting statements were pretty current up to the point that billing stopped.

In my opinion, I think that they have what they need to validate the account before the judge. Generally the FTC opinion letters stated that validation includes copy of the original contract or application with signature or some proof of payment such as a check with your signature showing that you paid on the account and an accounting of the account. The collection agency provided in my opinion and I am not a lawyer enough evidence to make their case in court if they had to.

If you don't want to be sued, I would make payment arrangements or if this is one of many many bills and you can't afford payment arrangements, to consider bankruptcy.

But if you really want an answer, I would go to your local courthouse online where you would be sued at, type in collection cases and look at what the evidence needed to make a case in your district and what is considered standard proof.

The rules of evidence should be located somewhere in the courthouse's rules of civil procedures or code of civil procedure.




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