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I need info. on the Wollman letter


solponig
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Hi,

I am being sued by a scumbag collection agency and the only thing they have provided me is a computer printout; which we all know isn't proper validation. I need to find out if any of you know of any court cases where the Wollman letter or the FTC's opinion of validation was argued successfully. I have a feeling when I go to court the Judge will accept their printout as adequate proof of the debt. I need a little more ammunition. I would appreciate your help. Thanks.

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I have a feeling when I go to court the Judge will accept their printout as adequate proof of the debt.

If you're being sued in small claims, it's definately a possibility.

Spears vs. Brennan is an excellent court case regarding proper validation: http://www.ai.org/judiciary/opinions/archive/03260101.ewn.html. The only problem with Spears vs. Brennan is that it isn't binding unless you're in the State of Indiana. If you're in Indiana, forget Wollman: Spears vs. Brennan is a home run.

But you don't necessarily need the Wollman Letter or Spears vs. Brennan, to defeat a CA that has no proof. Take a look at your state's contract law, specifially the Statute of Frauds. If the CA is suing for breach of contract they have to prove that you were a party to the contract in the first place. Obviously, a computer printout isn't enough to prove anything. You need to hammer this point with the judge.

For example, in the State of PA if a claimant alledges a contract, they must attach the contract or provide a reason why it's not attached. The reason (usually an affidavit) must be executed and attested to by the OC, not the CA (however many CA's will execute and sign the affidavit themselves and try to hoodwink the debtor and the small claims judge). But even this is not enough. Additionally, the CA has to prove the terms and conditions contained in the original contract. In other words, they need to cough up copies of statements, charges and show a payment record. The CA cannot merely ask the court to ASSUME the alledged facts (although you can bet that they'll try). Once again, you need to hammer these points to the judge.

Have you checked the SOL?

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