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.
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
The validation provisions are part of the FDCPA and the accepted requirements come from the opinion letter and caselaw, in addition to contract law: FTC Wollman letter : http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm Spears v. Brennan: http://www.state.in.us/judiciary/opinions/archive/03260101.ewn.html Sassy
