QUESTION
What type of documentation does a collections company have to provide when I ask for proof of debt?
Asked on Aug 14th, 2012 on Bankruptcy - New Jersey
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Proof you borrowed the money and the terms of its repayment.
Answered on Jun 28th, 2013 at 8:22 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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They have to provide proof that you signed whatever was required for the debt. They must prove how they arrived at the amount due.
Answered on Aug 20th, 2012 at 12:26 AM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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They just have to provide proof that the amount owed is what the creditor is says is owed. Usually it will be in the form of an affidavit. They do not have to keep or provide detailed account records.
Answered on Aug 19th, 2012 at 4:13 PM
They have to "validate" the debt in writing within five days of their first communication with you. Validation means that they must provide you with documents that show you are the debtor. Failure to validate is one of many violations of the Fair Debt Collection Practices Act that collection agencies commit.
Answered on Aug 19th, 2012 at 6:52 AM
Real Estate Attorney serving South Jordan, UT
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James T. Dunn P.C.
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The best proof they have available, but it doesn't have to be the same proof required to win in court.
Answered on Aug 19th, 2012 at 5:21 AM
It can vary, but usually it would be either a copy of a contract, credit agreement, prior payments, etc.
Answered on Aug 19th, 2012 at 5:08 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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What must the debt collector tell you about the debt? Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money. May a debt collector continue to contact you if you believe you do not owe money? A collector may not contact you if, within 30 days after you are first contacted, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
Answered on Aug 19th, 2012 at 5:05 AM