Ask Experts Questions for FREE Help!
  Advanced
Register  |  Log in  
   Ask    
 Answer  
  Help  

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Money & Services > Credit   »   Burden of proof on the cred side?

 
Question Tools Search this Question Display Modes
Question
 
 
#1  
Old Jun 9, 2008, 04:17 PM
appobene
New Member
appobene is offline
 
Join Date: Jun 2008
Posts: 7
appobene See this member's comment history on his/her Profile page.
Burden of proof on the cred side?

There is a coll acct on my credit report by DEBT REC SERV,originated from Verizon.
I ve asked them two times via cert mail to verify and validate the acct,only they could provide me with is a copy of the bill from 2002.No contract,no any form of payment on the acct.
I filed a complaint in small claims court about the case then the coll agency kept calling me to settle for 40% of the actual amt in return I am to dismiss the claim from the court.
I decided to take them to the court,how should I brace myself?

Reply With Quote
 
     

Answers
 
 
Old Jun 13, 2008, 03:38 PM   #2  
TheCleaner
Junior Member
TheCleaner is offline
 
Join Date: Feb 2008
Location: dsfsd
Posts: 153
TheCleaner See this member's comment history on his/her Profile page.
Maybe you should take that 40%, the judge specially in small claims might take the copy of that bill as proof and you'll end up paying the whole thing plus expenses.

If you decide to do that make sure that they send you a signed agreement stating that 40% will pay off the debt completely and they will delete the trade line from all credit bureaus, only after that you can pay them with a money order or cashier check, do not use a personal check.

Carl.-

Comments on this post
Loan_Guy disagrees: Why would you pay them anything when they cannot prove you owe them? The burdan of proof is on them.
  Reply With Quote
 
     
 
 
Old Jun 14, 2008, 02:13 PM   #3  
appobene
New Member
appobene is offline
 
Join Date: Jun 2008
Posts: 7
appobene See this member's comment history on his/her Profile page.
Thanks Carl...
I got a letter from the CA asking for adjournement on the case.
I do think they can not prove anything against me and they want to finagle around the system..
Anyways I am still open for advice..


P.S.let it be known that DEBT RECOV SRVCS OF NY IS A bunch of crooks and once you confront them in the court they are ready to bow..
  Reply With Quote
 
     
 
 
Old Jun 14, 2008, 04:03 PM   #4  
TheCleaner
Junior Member
TheCleaner is offline
 
Join Date: Feb 2008
Location: dsfsd
Posts: 153
TheCleaner See this member's comment history on his/her Profile page.
You are probably right, happend that I had a bad experience in small claims, the D... judge took an affidavit from one of the employes of the CA as proof of debt, she wasn't in a good mood that day and she had no idea of what the FDCPA is about, I had to take it latter to distrit court.
They started it I didn't sue them, they did

Carl.-.
  Reply With Quote
 
     


Question Tools Search this Question
Search this Question:

Advanced Search
Display Modes

 
Similar Sponsors

Similar Questions
Question Asker Topic Answers Last Post
my sister is a burden; what can we do? asking Mental & Emotional Health 4 May 12, 2008 07:07 AM
Burden of proof mrfedders Criminal Law 3 Apr 2, 2008 04:32 PM
how does burden of proof conflict with the presumption of innocence advent Other Law 1 Dec 1, 2007 10:39 AM
Kenmore Elite not cooling refrigerator side or side by side bdubrow Appliances 2 May 9, 2007 05:51 PM
Financial Burden in Missouri Rotnpriss Other Law 3 Apr 17, 2007 08:20 PM




Copyright ©2003 - 2007, Ask Me Help Desk.
All times are GMT -8. The time now is 05:54 AM.

Content Relevant URLs by vBSEO 3.0.0 RC6 © 2006, Crawlability, Inc.