The answer to this question hinges on your understanding of the word "proof". A consumers' standard of proof is not the same as a collection agency, or the credit bureaus. Their standards of proof, or verification, would fall far short of your definition. Case law has upheld their version. Having your identifying data, like name, address and social security number, and a ledger sheet of the account with balance and interest accrued is what is accepted in court as proof. Consumers need to be aware that at no time will business or legal entities involve themselves in the nature of their dispute. When the issue is "proof", you need to address that will the "person that claims...".
There are costs associated with bringing a civil lawsuit and collection agencies want to be sure of the following: * There is a good chance that the collection agency will win * The amount of money is significant - not small claims * All attempts to collect (legally via FDCPA) have been met with a lack of payment If the collection agency has one or more attorneys on staff, they will be more likely to pursue borrowers in court as the expense to do so is lower with in-house counsel vs. retained counsel.
You can take a creditor or a listed party on a credit report to court for not removing notice on your report if, that account is paid off, seven (or ten in the event of a judgment) years has elapsed from the date of last payment, and thirty days have passed since you requested the account be pulled in writing, by registered mail. All three of these must occur before you should take any creditor or reporting agency to court. Small claims would be a waste of time considering the sizable payouts that can be recovered for unfair and fraudulent reportings.
Your best bet is send a certified letter to the agencies who have your debt listed. Be polite and give them 30 days notice to remove the negative information. After 30 days have expired run another credit report to see if they removed the information. If the negative information is not removed you should file small claims judgment against the credit-reporting agency.
A collection agency doesn't have the power to do anything other that aggravate you. They can with the agreement of the original creditor turn your account over to a collection attorney. The answer to your question is NO! For the amount in question it would be a small claims court judgment (if they got one). I assume there was an outstanding balance on the rental They might be able to get a wage or bank account garnishment. But that too is questionable. If anyone from a collection agency has told you they can place a lien against your property. They are in violation of the FDCL and could be fined or sued for their actions.
Claims in a bankruptcy are either accepted, disputed or not liquidated. "No liquidated" means there is no determinable amount owed at the time of filing. The court, trustee, creditor or debtor may force a hearing to determine if the debt is owed or what amount is owed. Claims are not opinions. The court does not deal with pure opinions, since they have no monetary value. The court deals with claims. Based on facts.
If the collection suit was filed by a company that claims to have purchased the debt, it is very important to request a copy of the contract between the original creditor and every company that purchased the debt. Also demand a copy of the original credit agreement, signed application, all charge slips and all monthly statements. If the collection suit was filed by the original creditor, request the same records (except proof of sale and ownership of the debt) and also demand the entire file including all screen shots and files regarding origination, servicing and collection on the account. There are additional requests that could be made depending on the specifics of the case and the theory of defense of the case. For more information, seek a referal to a consumer lawyer at naca.net or budhibbs.com. David Humphreys hwh-law.com
Secured claims are those debts that have been secured by collateral. Because of this, the creditor can take the collateral and sell it, if the debt isnâ??t paid. Some examples are home mortgages and car loans. With Chapter 13, the loan would have to be paid for these claims if the owner wishes to keep the property.
Florida Small Claims Form 7.343 is Fact Information Sheet. It has two versions: (a) For Individuals, (b) For Corporate Entities. In a judgment in small claims court, the judgment creditor is the person to whom money is owed. The judgment debtor is the person who owes the money.At the request of the judgment creditor (or the creditor's attorney), the judge will order the debtor to complete Form 7.343 within a specified time.
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