Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Talisker
But debt collectors know people don’t know this. Nevertheless, if people demand to see the original debt instrument, note or agreement, the debt collector can’t produce it because it was settled the moment they bought it.

Correct but you need to take it one step further. When a third party debt collector sends you a notice...ALWAYS respond in writing via certified mail that you deny the debt and demand to see the original debt instrument with your signature! Do not let the third party debt collector's demand letters go without a response. Several demand letters without a response can be construed as acceptance or acknowledgment of the debt.

46 posted on 02/24/2015 3:51:47 PM PST by suijuris
[ Post Reply | Private Reply | To 5 | View Replies ]


To: suijuris
Several demand letters without a response can be construed as acceptance or acknowledgment of the debt.

To a limited and dangerous extent, yes, and this can be used to initiate administrative actions. The problem is that the initiator, the debt collector, knows that their claim is fraudulent in fact. It's one thing to have limited liability to attempt to collect - its another thing to defraud the court by claiming actual creditor status that you know you don't have. Because even if you win a judgement, your victim can later file against you and have that judgement vacated, and criminal charges pressed, for that very same fraud against the court.

51 posted on 02/24/2015 4:29:55 PM PST by Talisker (One who commands, must obey.)
[ Post Reply | Private Reply | To 46 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson