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Calling all Debt Collectors

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mr.yet

Junior Member
What is the name of your state? Maryland

What do you consider verification and validication of an alleged debt?

Before you answer I am looking for the legal meaning.
 


TigerD

Senior Member
What is the name of your state? Maryland

What do you consider verification and validication of an alleged debt?

Before you answer I am looking for the legal meaning.
As defined by section 809 para b : name and address of the original creditor is the minimum.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
DC
 

mr.yet

Junior Member
As defined by section 809 para b : name and address of the original creditor is the minimum.


DC
So you consider the bare minimum valdication of an alleged Debt, what does it prove? Nothing without something with the signature of the allged debtor you have no facts to present to the court to prove your claim, only presumed facts.



burden of proof
n. Law.
The responsibility of proving a disputed charge or allegation.

Obligation of proving a disputed charge or allegation

In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. More colloquially, burden of proof refers to an obligation in a particular context to defend a position against a prima facie other position.


Standard of proof
The standard of proof is the level of proof required in a legal action to convince the court that a given proposition is true. The degree of proof required depends on the circumstances of the proposition. Typically, most countries have two levels of proof: the balance of probabilities (BOP), called the preponderance of evidence in the U.S., and beyond a reasonable doubt (commonly referred to as BARD), or just beyond reasonable doubt. In addition to these, the U.S. introduced a third standard called clear and convincing evidence.

Without the original contract the debt collector has no verifiable proof that the person owe the alleged debt. A copy is not verify proof of an alleged debt.

If you are in a suit in a court room, the Plaintiff (Debt Collector) must have evidence to support their claim against you.

If they cannot produce the original contract there is no proof you owe anything to anyone. Demand to see the original deny all until that happens.


. Plaintiff thus far has offer no competent facts they have been the legal holders of
this alleged debt to enforce it, or what the actual agreement between us was for the
court to judge whether either of us has kept it.


Plaintiff’s pleading and affidavit establishes in no way that it is still the holder of
the alleged debt…..that is still exists,….that it was signed by the defendant….or
what the agreement between the parties actually was Defendant did sign, as the
affidavit make no affirmation or reference that the debt instrument can be produce
to establish these facts.

Defendant specifically deny that this the agreement I put my hand to and that this
Is my signature that was on that agreement until they can produce the original
contract for me to determine this.

In the day of computer technology and the sophisticated means by which
documents can be put together to make the copies say whatever the plaintiff wants to have them say with Defendants signature from the alleged original attached in fact is no proof of anything without a competent fact witness they still hold the debt to make the claim, and to show what the original agreement actually was, and to show the original debt instrument has not been altered, or Defendant’s agreement to it, as the subject matter of this action giving jurisdiction for the Court to hear the claim.

Rules state they must produce evidence to support their claim.

Section MD Title 3 §3-309 (b) applies to the case as if the person seeking to
enforcement had produced the instrument. The court may not enter judgment in
favor of the person seeking enforcement unless it finds that the person required to
pay the instrument is adequately protected against loss that might occur by reason of
a claim by another person to enforce the instrument. Adequate protection may be
provided by any reasonable means.
 

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