What type of evidence can I use to challenge a debt collection agency?
When attempting to challenge a debt collection agency, the type of evidence you use depends on the type of debt collection dispute you are facing. Generally, you should collect evidence that proves either that the debt is not valid or that it was incorrectly calculated. In North Carolina, the Fair Debt Collection Practices Act (FDCPA) governs the conduct of all debt collectors. This act outlines many of the types of evidence that can be used to challenge a debt collection agency. For example, if the debt collector is claiming the wrong amount of money is owed, evidence such as bank statements, cancelled checks, and payment history can be used to validate the correct amount. Additionally, if the debt is past the statute of limitations, then producing documentation or proof of the original date of the debt can be used to show the debt is unenforceable. Other types of evidence that can be used to challenge a debt collection agency include affidavits, witness testimony, account activity, and contracts. Evidence that supports a claim of identity theft can also be powerful when challenging a debt collection. Gathering evidence such as police reports, credit reports, and other documents that are related to identity theft can be used to disprove debt collectors’ claims that the consumer is responsible for the debt. Overall, the type of evidence you use to challenge a debt collection agency depends on the circumstances of the dispute. It is important to collect as much evidence as possible to build a strong case when challenging debt collection agencies.
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