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John, Attorney
Category: Legal
Satisfied Customers: 5565
Experience:  Licensed and practicing attorney.
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I believe a collection attorney is using the original creditor's

Customer Question

I believe a collection attorney is using the original creditor's name to sue me and does not have the right. How do I prove this. The attorney have also attached a statement that does not match my billing nor the final bill charges instead of damages charges me for a 29 day notice fee. I think this is for proper notice which I gave. Do I need to write out my emotions for the pre-trial conference.
Submitted: 2 years ago.
Category: Legal
Expert:  John replied 2 years ago.
Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Under the Fair Debt Collection Practices Act the collector must validate the debt.. A lot of these companies cannot truly validate the debt because the underlying paper is long gone. Since you have been sued, it is appropriate for you to defend the matter at least in part on the basis that the plaintiff has not proven or shown to you that it is the rightful owner of the debt at this time. Many cases have been thrown out this way; incommoding mortgage foreclosures. You'll need to ask the plaintiff for the documents under which it took possession of debt. If it cannot produce those, then you should win the matter. You should also explain to the judge, since you appear to representing yourself. That you have asked for these documents, but none was provided. I believe this answers your question. However, if you needclarification or have follow-up questions regarding this matter, I will behappy to continue our conversation – simply reply to this answer. If youare otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** you all the best with this matter.