Where in the FDCPA OR FCRA DOES

Discussion in 'Credit Talk' started by joer, May 5, 2002.

  1. joer

    joer Well-Known Member

    Where in the fcra or the fdcpd does it state that you need a original contract of the debt, or a signature to prove the debt is valid.Please someone help.
     
  2. Kiyi

    Kiyi Well-Known Member

    Also, Can they use a signed affidavit that is notarized?
     
  3. gib

    gib Well-Known Member

    It doesn't state specifically. Then again, it has been successfully argued that even the signed original contract wasn't validation enough. In order for a debt to be created, an offer must be extended and must be accepted (contract). How can you prove it if you don't have a copy of that? Oral contracts are difficult to prove. A creditors word that you owe a debt isn't likely to hold up in court.

    Gib
     
  4. sassyinaz

    sassyinaz Well-Known Member

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