The piece of advice that I discovered from 2 lawsuits with Chase and Asset Acceptance that lasted 2 years (I WON BOTH) - ALWAYS ask for legal PROOF, and NEVER pay ANY debt before legal proof is established.
BOTH of my legal cases were dismissed by Chase and Asset Acceptance because of LACK of PROOF.
When dealing with a debt collector, always ask for legal proof that legally supports the debt claims presented. Legal proof consists of: 1) A signed and dated legally binding contract, 2) The original Terms and Conditions, and 3) A complete, detailed list of Payments and Charges to the account.
In the case of identity theft, the legal information required will not exist.
Many credit card debt collection companies only purchase debt-related figures from a credit card company, not the actual legal binding contract. Without the original legal binding contract, proof is difficult (if not impossible) to establish.
NEVER agree to pay ANY debt when lack of proof (or NO proof) exists. Lack of proof provides solid legal backing for any debt case. Lack of proof exists when a debt collection company will NOT provide copies of legal proof whenever making a debt claim.
NEVER agree to payment arrangements on any credit card debt until complete legal proof is established.
Sample Request for Legal Proof Letter:
(ANYONE may copy and use the below letter as they feel - be sure to fill in the blanks)
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Request for Legal Proof
Sent to:
Company name: ___________________
Street: ____________________
City, State: ________________
Zip: ______________
Sent from:
Person name: ___________________
Street: ____________________
City, State: ________________
Zip: ______________
Date:______________
Account Number: ___________________________
Attention (Company name): ______________________
Your company is accusing me of owing a debt, and/or posting negative claims against my personal credit. I am officially requesting that you provide me with legal proof of all financial claims against me. Legal proof must include a copy of each of the following items: 1) Original signed and dated legal contract; 2) Original terms and conditions; 3) All payments to the account; and 4) All charges to the account.
ANY item not sent will constitute lack of proof.
Your company has thirty (30) days to respond. My next letter will be a Cease and Desist Order.
If proof does NOT exist, you MUST immediately stop all communication with me and all 3rd parties, and/or immediately stop all claims to my personal credit.
___________________
(Printed name)
___________________
(Signature)
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Sample Certificate of Service Letter: (A cover letter)
(ANYONE may copy and use the below letter as they feel - be sure to fill in the blanks)
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CERTIFICATE OF SERVICE
Sent to:
Company name: ___________________
Street: ____________________
City, State: ________________
Zip: ______________
Sent from:
Person name: ___________________
Street: ____________________
City, State: ________________
Zip: ______________
Date:______________
Account Number: ___________________________
Attention (Company name): ______________________
I HEREBY CERTIFY that a true and correct copy of a Request for Legal Proof has been furnished by the United States Postal Service to (company name & address): __________________________________________________________________________________________, on the date of, _____________.
___________________
(Printed name)
___________________
(Signature)
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Copyright © 2016 by John Mallozzi
