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Validated with print out of online application


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I received a print out of an online application in response to a debt validation request.

 

1) How strong is this evidence in court?

 

 

2) Is there any point in preemptively cancelling the email account associated with the application? 

If I can keep the application out of admissible evidence it would be useless to a plaintiff to prove up a required element of their cause of action.

 

If a JDB/plaintiff fails to prove standing I would not see the application as assisting that plaintiff in proving up a required element for their cause of action even if it were to be entered as admissible evidence.

 

I am not aware of any point in cancelling an email account just because it is associated with an application. Others may have different ideas.

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Thanks for the replies. The print out looks like a screen capture of a mainframe terminal screen - if that makes sense. The information contained looks like everything I would have filled out on an application, including email address and "security question." If it had a password it could pass as my identify theft file.

 

Of course, give me 10 minutes and I could mock the whole thing up in photoshop with anyone's particulars.

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@Goody_Ouchless

 

If their attempt at validation did not include the amount of the debt, then it hasn't been verified.

 

Under § 1692g(b), "verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed." Clark v. Capital Credit & Collection Services, Inc., 460 F.3d 1162, 1173-74 (9th Cir. 2006).

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They include a letter demanding an amount - the only additional 'evidence' was the application.

 

Well, since they don't have to provide ANY evidence as part of DV then they exceeded the requirements.  

 

As for the "screen capture" it is well known that with online applications there is no paper one so of course it would be a screen shot.  If they lay the foundation properly to introduce it in court it could be fatal in proving you did open the account and a short land slide to showing you used it and defaulted.

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If they sue, I won't be handling it. I was just wondering if a nugget of value could be found in the email address being gone by then. Sounds like not.

If *I* was going to have someone handle a collection suit, whenever possible, I would defer to what they recommend versus some anonymous poster online. That someone handling a future lawsuit might have a differing opinion on how something should be handled.

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