David A asked:
I have a Credit Card debt with a collection agency, can I request a signed copy of the contract before paying? Do they have to provide me with a copy? I am of understanding such documents should be kept for 7 years legally. I have requested this information and they have provided me with everything but the information I have requested – a signed contract?
I have a Credit Card debt with a collection agency, can I request a signed copy of the contract before paying? Do they have to provide me with a copy? I am of understanding such documents should be kept for 7 years legally. I have requested this information and they have provided me with everything but the information I have requested – a signed contract?
Many Thanks in advance…..
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Yes it is called a Validation letter.
DAS is correct. Here is a link with some more information.
they hate you
ALWAYS get the terms about how much is to be paid PRIOR to paying them. This letter should state that your account will be settled/paid in full upon the receipt of the agreed-to amount.
If you do not get this written agreement, there would be nothing to stop the collection agency from coming after you for the remaining amount that was not settled…or selling the account to another collection agency. Verbal promises about settlements are meaningless and can’t be proven.
You can ask.
Do you really doubt that you owe this money? Or are you just trying to make them jump through hoops and stall? A collection agency can be easy to deal with or they can be hard. If you are harassing them with frivolous requests for documentation they have ways they can get even.
odds are if its a credit card there is no signed contract. you most likely applied and got the card later. By using the card you agree with all the terms associated with the card. It’s a implied contract. They should however be able to serve you invoices or a statement of account to validate the debt though.
My firm handles these types of lawsuits so if you have any further questions feel free to email me
You have the LEGAL right to demand validation from a collection agency, but the original creditor is not required to validate debts (in most states).
The problem is what constitutes proper validation. There is a lot of case law involving this, but from what I have researched it will end up being at the discretion of the judge.
In one example, the creditor won. He didn’t have the contract, but he had copies of checks signed by the defendant paying past bills.
In some states, the law specifically demands that a signed contact be entered in to evidence.
So to answer your question…don’t know. Are you trying to get this from a collection agency? What state do you live in?
If this is tried in small claims court they do very heavily on preponderance of the law….meaning if there is enough evidence to show you owe the debt, they may win. This is where you hire an attorney experienced in consumer law, and who understands your local court rules.
Good luck. But either way….SEND THE VALIDATION DEMAND LETTER!