dealing with collections for a bill
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Date: August 2nd, 2020 3:40 PM Author: puce genital piercing property
There are websites that go through how to deal with this that have good advice. Basically it's something like send a letter asking them to show proof of chain of title to your debt and that the charges/debt is legitimate, and if they can't they have to remove the hit from your credit report.
Unless you expect to take out a loan soon or will be needto pass a C&F for bar admission, your credit score is not really all that important. One unpaid debt isn't likely to meaningfully impact your ability to rent a place to live, etc. So, my strategy would be to wait a while - years if possible - to challenge this. Chances are the current collections folks will be able to get the paperwork if they don't have it in hand already. But if they don't collect soon it will probably get resold to someone else once or twice (basically, to the people who buy shitty debt for cheap, instead of people who buy 2 month past due debt for 700-credit score peeps like yourself). At that point even if they have their paperwork in order chances are higher they will write it off as not worth the effort to deal with you.
For what it's worth, I know someone who did this. Her credit score was total shit for awhile but she typically had a decent job and kept her other bills paid, and after moving a couple of times (not related to the collections, just because ppl move) and waiting about 4 years, she executed above strategy. She never paid the $50k or whatever she owed, didn't do a bankruptcy, and now has excellent credit because those dings all were removed automatically.
(http://www.autoadmit.com/thread.php?thread_id=4596215&forum_id=2#40696310) |
Date: August 2nd, 2020 4:48 PM Author: cordovan hominid
If you're even a little bit competent as a lawyer, and if the debt was ever assigned in bulk, there's a decent possibility that they won't be able or willing to properly document the assignment in court.
I have literally never come across an assignee of bundled consumer debt who could go the distance.
(http://www.autoadmit.com/thread.php?thread_id=4596215&forum_id=2#40696571) |
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Date: August 3rd, 2020 11:46 AM Author: cordovan hominid
There has to be evidence of the assignment, and the evidence has to be admissible.
Most often, the assignment document will incorporate some other document that lists the assigned debts. The plaintiffs hate giving that up. But it's necessary to see whether the defendants' purported debts were assigned at all.
And even if the documents exist, they need to be authenticated by someone with the requisite knowledge, and someone needs to be able to establish the elements of the business records exception to hearsay.
There will generally be an affidavit or declaration from a purported custodian of records, but they are very often defective because, typically because they don't recite much of a factual basis beyond reciting the elements of the hearsay exception.
And if they do assert some specific facts, you can challenge them in discovery.
Naturally, if there have been multiple assignments, the problems compound.
Those aren't insurmountable problems by any means. But plaintiffs don't want to put the time and effort into fixing them and don't want to risk having their internal documents exposed.
(http://www.autoadmit.com/thread.php?thread_id=4596215&forum_id=2#40699675) |
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