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Re: Validation question


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Posted by Christy (205.188.116.131) on July 07, 2004 at 01:16:22:

In Reply to: Re: Validation question posted by catb on July 06, 2004 at 18:24:48:

Once it goes to court, they have to prove it is your debt, if you show up. You don't need to prove it isn't yours. It would be impossible anyway. You really can't prove something didn't happen. The burden of proof belongs to the plaintiff. If they walk into a court room with nothing more than a copy of a terms of agreement and not a signed application, they failed to satisfy the burden of proof. If they can't produce any history of the account, payments and purchases, etc, again, they didn't satisfy the burden of proof, and it doesn't matter where it falls concerning SOL. If it isn't his debt, SOL isn't going to be on point and shouldn't dictate how he deals with this problem. But, if it were his debt, I would agree with you on laying low and hoping time slips by. I know what he is going through. I go to court tomarrow and it isn't my debt. I am tired of screening calls through the answering machine and getting angry every time I know they've called or I receive another one of those blasted "Times A Wasting" letters and "we were surprised you didn't take us up on our generous offer" garbage. This has been going on for over a year and enough is enough!

If those jerks put as much effort into verifying the debt as they do searching for things to attach, most of their accounts would never go anywhere. I just got one of my CRs today and they made 4 hard inquiries in the last 6 months, all to see if our truck was paid off yet. 1 week after it was reported paid off, they made the last inquiry and they filed their complaint the day after that. Coincidence? I think not!


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