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What is PROOF that the CA owns the debt under FDCPA

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    What is PROOF that the CA owns the debt under FDCPA

    I keep seeing this as one of the requirements for proof of ownership by a CA of a debt:

    Proof that the collection company owns the debt/or has been assigned the debt. (Bob is legally entitled to collect this particular debt from you.) This is basic contract law. It is very difficult to get a judgment without a direct contract between collection agency and the original creditor.
    But what exactly is this proof? Is it a contract or what? I have one CA that just keeps sending me a printout of an account number, amount due and OC's name. Is that proof of debt ownership by the CA?

    #2
    What is sufficient proof is up to a judge to decide if the issue goes to trial. I'm no judge nor am I an attorney, but what you describe doesn't sound to me like evidence that the CA is entitled to collect the debt. I could come up with a printout like that.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      Originally posted by LadyInTheRed View Post
      What is sufficient proof is up to a judge to decide if the issue goes to trial.
      That is the right answer.

      CA's get letters all of the time demanding "proof" that they own the debt and blah, blah, blah, blah, blah, when all they need to do is verify the debt. Those letters are normally good for a snicker knowing that they are dealing with an internet copy/paste.

      As LITR states, proof is what a judge states that it is.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

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        #4
        We got what I call proof. A letter of a bill of sale from Citibank to midland, along with statements.

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