What happens after a CA sends you a copy of your signature on the original document after you sent them a C & D and validation letter?
What happens after a CA sends you a copy of your signature on the original document after you sent them a C & D and validation letter? None of the threads address what to do after a CA sends you your signature on original document. etheral ================= Which of the following does a signature on an original document prove? A* The document and or contract is still valid or enforceable B*The debt is paid C*The debt not paid D*The contract has expired E*The contract has not expired F* The amount now claimed due is correct and true. G*All payments have been applied and credited H*All charges on the account are correct. I*It shows who signed the document.
lbrown A signature just shows who signed it and that there was an agreement at some time between the 2 parties. Can you read my posting of S& P Capital! Help Butch? And give me some advice. I'm thinking that I should just follow the normal sequence in the threads.
You may want to procede with caution, you may also want to read the content of the contract, and determine whether it is still valid or not. I signed contract between two parties is enough to get a judgement, I know I've taken people to court (use to do collections) If you attempt to say that the signiture isn't yours, then be prepared to defend yourself. If the court decides that it is, not only will you have a judgement, you could be charged with perjury. This of course all hinges on the CA even taking you to court, which most often they don't. They would much rather badger the money out of you than persue legal means in many cases. Often if you show initiative, and keep after the CA to follow the letter of the law, they will get disgusted with you and give up. Good luck in any case
a signed contract between two parties is enough to get a judgement sweet21510 *************************** How does a signed contract prove you owe anything ????????? = ????? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
If you attempt to say that the signature isn't yours, then be prepared to defend yourself. If the court decides that it is, not only will you have a judgement, you could be charged with perjury. sweet21510 ================== Why should I have a judgment while still not proven that I owe the amount claimed?
Re: Re: Original Signature! Help Sorry, but you are dead wrong there. The concept is the "Exculpatory No", and the principle is that no person can ever be found guilty of perjury for claiming their innosence, even if a jury finds them guilty because that would negate the 5th Amendment privilege against self-incrimination. It applies to civil matters also. In civil court, the case is decided by "preponderance of evidence", not by the criminal court test of "beyond a reasonable doubt". Preponderance is a much lower bar of proof. So, in a case where the defendant denies a signature is his, each side would have to provide evidence to support their case. Let the chips fall where they may, but signatures are not fingerprints, and signature analysis is still closer to alchemy than science.
You need PROOF that the bill was not paid... A signature on a contract does not PROVE NON PAYMENT...all it proves is that you agreed to the deal on the day it was signed!!!
It is the signiture and the contract...no it doesn't necessarily prove you still owe anything, but it does prove that at one point a relationship existed between the creditor and debtor, and the debtor agreed to certain terms in the contract. ,If the CA or original creditor has better records than the debtor, they will get the judgement if nothing is done The best bet if sued is if at all possible show up, and if your signiture does happen to be on the contract, tell the judge that you believe you payed it off, or that the amount is wrong. You will most likely get a continuance, which buys you time. Also make sure to show up to the next court date. I know I've sued people, and this tactic works (on the debtors behalf) Also Force the CA to show every payment on the original contract, to the original creditor. If they cannot cough it up, then push the issue, and swear up and down you payed it all. The burden is on the Plaintiff to provide evidence that monies are still owed on a contract, and if they can't produce it, which I can tell you they can't, then it will be thrown out. Insist to the judge that the CA produce these records. I made the original lender on a student loan do this in order to prove that the money was not still owed as it stated on my credit report. They were pissed, but they produced around 15 payments of amortization. Balance $0 Obviously this is not for you LBrown, but this is just what I learned works from Suing people for bad debts. I hope someone will find it useful. You are right in that a signed document does no mean that you still owe the debt, just at some point you had entered into an agreement for monies.
Re: Re: Re: Original Signature! Help Well, I'll give on this one, but the fact remains every time I've ever sued anyone, and was able to produce a signiture, I got a judgement. Of course I was also able to identify the individual in court as the debtor as I was suing for the original creditor. Usually though the judge can, with a few pointed questions, get out of the debtor that it actually was their signiture, and I can tell you that many judges frown on this, and will award judgements. It may not be law, just what has been my experience.
Re: Re: Re: Re: Original Signature! Help And that is probably what should have happened. There is a very big chasm between "Judgement for the Plaintiff" and "Six Months in Jail for Perjury".
Re: Re: Re: Re: Re: Original Signature! Help Yup. Never said I was a lawyer LoL, but I do believe regardless it pays to be carefull in front of a judge. I had my butt chewed by a judge..not alot of fun so pardon the paranoia (not perjury, just lack of preparation on my part)
