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    appobene's Avatar
    appobene Posts: 7, Reputation: 0
    New Member
    		  
    #1

    Jun 9, 2008, 05:17 PM
    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?
    TheCleaner's Avatar
    TheCleaner Posts: 152, Reputation: 3
    Junior Member
    		  
    #2

    Jun 13, 2008, 04:38 PM
    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.-
    appobene's Avatar
    appobene Posts: 7, Reputation: 0
    New Member
    		  
    #3

    Jun 14, 2008, 03:13 PM
    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..
    Anyway 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..
    TheCleaner's Avatar
    TheCleaner Posts: 152, Reputation: 3
    Junior Member
    		  
    #4

    Jun 14, 2008, 05:03 PM
    You are probably right, happened 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.-.
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