When asking for validation

Discussion in 'Credit Talk' started by peeper, Dec 15, 2006.

  1. peeper

    peeper Well-Known Member

    Is it alright to also ask the attorney in charge of collecting a debt from an original creditor to send some sort of proof they have the legal right to collect the debt.In other words the legal contract they have with the original creditor giving them the authority to pursue me.Plus validation of the debt.
     
  2. Ice_Siren

    Ice_Siren Well-Known Member

    Sure, the lawyer is still acting as a collector and still has to keep the FDCPA in mind.
     
  3. jam237

    jam237 Well-Known Member

    There is never a requirement to show that they have the legal authority to collect the debt.

    Especially with an attorney, anything other than details about the account would be covered under attorney-client privilege, or work-product. This is one of the very few cases where the CA's favorite case "Chaudry" actually has merit.

    Unless you have a valid reason for questioning whether or not the CAA is the current CA handling the account, which you can challenge in COURT as an affirmative defense, you are barking up the wrong tree...

    For instance, has another CA appeared on your credit report or sent you a collection notice, for the alleged account since the CAA began collecting? If no (which would be typical), there is no legitimate question as to their authority...
     

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