puck Posted August 22, 2008 Report Share Posted August 22, 2008 Who is Emerge? --------------------------------------------------------------------------------I pulled my CR's. All 3 had Emerge as Charge off's. I called emerge they said the account was acquired from Providian. I send a registered letter to Emerge ( one of the template's from this forum) for DV. Emerge sent me 2 copies of statements that they previously sent me and told me in a letter they did not have the account was opened on a specific date and the application was not available. OK, I did call them and they stated that was proof enough for them that I owed them the money. I sent a registered letter to the FTC. I then called and made a complaint against emerge. Now, here is my question. Since I already sent the DV and they only produced old statements and not the original docs I requested. Do I just start a lawsuit? Since I am in IL. And they are in GA. How do I do that ????? Or, what do you guys think I should do next?Puck Link to comment Share on other sites More sharing options...
nascar Posted August 22, 2008 Report Share Posted August 22, 2008 Do I just start a lawsuit? What do you intend to sue them for? Link to comment Share on other sites More sharing options...
swirlgirl Posted August 22, 2008 Report Share Posted August 22, 2008 CAs are NOT required to produce original documents in order to validate. Link to comment Share on other sites More sharing options...
CreditFixCD Posted August 22, 2008 Report Share Posted August 22, 2008 but I think they have to provide you with proof that they are the true owners. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted August 22, 2008 Report Share Posted August 22, 2008 but I think they have to provide you with proof that they are the true owners.No...they don't; at least not through the DV process; the DV process is not "Discovery" nor was it ever intended to be.What they sent to the OP is, frankly, fairly good validation so long as the statements were actually prepared/came from the OC (a JDB or CA can't "manufacturer" statements).Should the creditor sue a debtor to collect the debt they may have to "prove" they own the debt (depending on what defense you raise)...if it's a JDB, some states require them to provide proof of ownership and some even require they disclose what they paid for it. Link to comment Share on other sites More sharing options...
CreditFixCD Posted August 22, 2008 Report Share Posted August 22, 2008 No...they don't; at least not through the DV process; the DV process is not "Discovery" nor was it ever intended to be.Thanks for clearing that up for me. I know I have a lot to learn, but everything I post is from my experience.Midland did for me. They may not had to but they did. Link to comment Share on other sites More sharing options...
Recommended Posts