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  #1  
Old 07-21-2003, 05:19 PM
TROYSAYLOR
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Debt or not?


What is the name of your state? WASHINGTON

I have been in a dispute with a collection agency. Agency sent me a notice some time ago regarding a bounced check tendered at a local restaurant. Check did bounce - however restaurant (listed as the payee on the summons) states that they have no record of this debt, and do not recognize me as a debtor and are willing to provide a written statement to that fact.

If I go to court with this info - what takes precedence in the decision, the statement from the payee - that they are not owed a debt, or the actual returned check?

TS
  #2  
Old 07-21-2003, 06:37 PM
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Join Date: Jan 2001
Posts: 12,075
The reason the restaurant does not show the debt is because they sold it and the CA will show that to the judge. And once the NSF check is entered into evidence, you will have no defense.
  #3  
Old 07-21-2003, 07:17 PM
TROYSAYLOR
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Debt?


Thanks,

When asked for a Validation of debt the credit agency refused to provide me a written validation - however did provide the Name of the restaurant and their business address as the 'creditor'.

Further in the summons it states that the claim has been 'assigned' rather than purchased, so the collection agency doesn't own the debt - it is still the debt of the restaurant.

Wondering how the check itself works into the equation if the actual creditor (restaurant) does not recognize me as a debtor.

JB
  #4  
Old 07-21-2003, 07:55 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Did you request validation in writing ?? If not, of course they're going to refuse !! Do so in writing - they have to produce the stupid check to prove there's any debt !!!
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  #5  
Old 07-21-2003, 08:30 PM
TROYSAYLOR
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Thank you Lady.

Yes it was requested in writing - and they refused to provide it which opens some other interesting avenues - but the core of my question at this point is: if the creditor is the restaurant in question (per the credit agencies verbal validation) - and the creditor says in writing that no debt exists as far as they are concerned, is the check a moot point?

Thanks agian.

Troy
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