If a collection agency buys your debt, how do they prove you you them the money?
Without my SSN or signature, how could they prove in court I owe them anything? And when they call, what do I ask them to send me to prove I owe them and not the creditor?
I thought no one could give or sell your SSN number, without that, how does a collector prove the debt?
Best Answer - Chosen by Asker
<ring ring> "Hello, Mr. Yahoo Person"
"I represent the Yank-n-Pull Collection agency. You owe me money so please send my your payment today. "
"Huh? No, I don't have any actual proof that you owe me. No, the creditor didn't send me any proof or signed contracts. But he seems like an honest person, and....."
If they don't have a signed contract, final bill, copy of the final collection letter, or assignment of debt showing they have the right to collect it.....you don't even have to waste your time with them.
Do what Sarge says and send them a letter demanding that the validate the debt. Be sure to dispute this with the credit bureau also
Under the FDCPA there are rules they must follow: They are to notify you in writing of certain information regarding the debt within 5 days if they did not provide the proper information in the initial contact.
This is the regulation under the following 15 U.S.C. § 1792 et seq.
15 U.S.C. § 1692g. Validation of debts
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy
of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
When they call inform them of your rights as listed aboove (give them the reference). This will let them know you know your rights and are willing to fight back.
Hope this answers your question
All Info Is passed on to them to try and collect. Sometimes they will setttle for a lessor payoff amount. If you refure to pay, they keep hassling, calling, threating to take you to court.bottomline is they can;t get what you don;t have..but it goes in your credit report, making it hard to get credit..
companies hire collection agencies to collect the money for them because they do not have the time to keep calling you. Some buy the debt but then they still have the trail of where the debt came from. So if you owe the debt they will have records.
Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting
written validation of this alleged debt
Read up on the Fair Debt Collection Practices Act and understand your rights: