[justperfect0]

HFC has started a law suit in Virginia to recover a debt. They have filed an affidavit stating:
"that the original instrument through which the debt of ----- is documented has been lost or destroyed. Affiant further states that the records of HOUSEHOLD FINANCE CORP II, namely the computer data and the computer data output, evidence that there is a debt on a note due and owing to HOUSEHOLD FINANCE CORP II is -------"

My understanding is that the important part to the law suit is the original contract and they must have it. No contract , NO case.

In today's world with computers, anyone can scan a document, cut and copy any part of it to make it look like the original. If asked "is that your signature" using a copy of a document, I have been told to deny it until you can compare it to the original.

I caught a loan officer producing falsified documents, including signed checks, for a loan application. The documents were so real that a bank manager could not tell the difference! Original documents are a must.

Due process is guaranteed, make all the parties comply.

[ScottGem]

Is there a question here?

[justperfect0]

Yes - Can a creditor sue you using a copy of the original note?

[ScottGem]

The can sue you even without a copy. The question is whether they will win or not. The odds are a court will accept the copy unless you can prove its fraudulent.

[justperfect0]

My understanding that the original document was required by law. I was told of a case in California where an individual was foreclosed upon by company that had purchased his mortgage. When he took them to court, they had not received the original signed loan documents when they purchased the mortgage and only had a copy. The court decided that the new investor could not proceed unless they had the original documents. That individual quit paying the mortgage and was never foreclosed upon.

[ScottGem]

So you were told of one case in a CA court that referred to mortgage documents and you assume that applies universally to all court cases involving non payment of a debt?

Again, its up the court as to whether they accept a copy or not. It could go either way and will vary from court to court.

[Fr_Chuck]

Most likely the court will allow it,
They will use evidence of payments you made toward the debt as proof you were aware and accepted the debt.

They will show tracking of the check given normally.

A copy is normally allowed in almost all cases.

In some of the foreclosures of homes a few judges have delayed the foreclosure pending original documents, but again, this normally only delayed, till the original was produced or other evidence of debt was produced.