QUESTION

law inquiry

Asked on Dec 01st, 2012 on Civil Litigation - Louisiana
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If someone is trying to sue and you wnat to avoid this and you decide to setup payment arrangements,but before doing so you ask for verification documents and they you cannot get them until you pay the debt off. Is this legit?
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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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In general, yes. A creditor has no duty to provide you with "verification documents" prior to suing you. You may obtain the documents that relate to the creditor's claim during the course of discovery in the litigation once you are sued, but that's about it. Most creditors will voluntarily give you this information at any time, since it improves their chances of getting paid; but they have no duty to do so. A slightly different result may apply when the "someone" who is suing you is a collection agency rather than a creditor itself. A collection agency must "verify" the debt under federal law, if you demand that they do so. But that means merely that the collection agency must speak with the actual creditor or otherwise "verify" that the debt is correct. It does not mean that you are entitled to documents.
Answered on Dec 01st, 2012 at 11:15 AM

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