Hello again all -

I have a question for the legal experts here on the list. Is it true that
Federal Law requires that upon your request, all creditors must show you
written proof that the account in question is in fact yours, and that the
only acceptable form of written proof is a copy of the contract you signed
with the original creditor? I am disputing a something on my credit report
whcih just appeared there a few months ago which never existed before that,
and the collection agency says that the burden of proof is on me. I don't
see how it is possible to prove that you don't owe anything. Any help here?
Thanks

-Jim

(mailed and posted, to avoid NSP bug. Please reply ONLY in newsgroup.)

Radioactive Warthog wrote: Hello again all - I have a question for the legal experts here on the list. Is it true that Federal Law requires that upon your request, all creditors must show you written proof that the account in question is in fact yours, and that the only acceptable form of written proof is a copy of the contract you signed with the original creditor? I am disputing a something on my credit report whcih just appeared there a few months ago which never existed before that, and the collection agency says that the burden of proof is on me. I don't see how it is possible to prove that you don't owe anything. Any help here? Thanks

I don't know where to begin:
... upon your request, all creditors must show you written proof ...

No. There may be other requirements for collection agencies, but
oral contracts can be enforceable.

The FCRA says that, if you dispute the charge with the credit
bureau, they have to verify with the creditor, and remove it if
the creditor doesn't verify it. That VERIFICATION has to be
written, but I don't know if the collection agency creditor must
have written verification from the original creditor.

In any case -- you can ask the collection agency for copies of
whatever evidence they may have. Your next step may depend on
what they provide. If the evidence clearly doesn't refer to YOU,
or if you have never had contact with the original creditor, you
should let the collection agency know that.

And -- I'm not a lawyer. However, I did have collections removed
from my credit report because (1) in one case, the original debt
predated my birth (apparently the REAL debtor gave a phony SSN), and
(2) in another case, the REAL debtor had a middle initial different
than mine. I don't know what would have happened if the REAL debtor
had the same name as I do -- I think I'd concant a lawyer in that case.