What kind of proof do I need to file a collection defense lawsuit?
In South Dakota, if you believe that a creditor has acted unfairly or illegally while collecting a debt from you, you can file a collection defense lawsuit. There are certain pieces of proof that you will need to provide in order to have a successful lawsuit. First, you will need to provide proof of the debt. This can be done with documents such as a copy of the original contract, a credit card statement, or a collection agency letter. You will also need to prove that you tried to repay the debt but the creditor refused to accept your payment. This can be done with evidence such as a bank statement that shows a payment was made or a letter that was sent to the creditor. Second, you will need to provide evidence that the creditor violated the Fair Debt Collection Practices Act. This can be done with testimony from yourself or someone else who witnessed the improper practices. Additionally, you may provide receipts, emails, phone records, or other evidence that shows the creditor violated the law. Third, you will need to provide evidence that your rights were violated by the creditor. This can include proving that the creditor harassed you or illegally threatened to take legal action against you. Additionally, you may provide evidence that the creditor violated your rights under the Fair Credit Reporting Act. In order to successfully file a collection defense lawsuit in South Dakota, you must provide proof that the creditor violated the law and your rights, as well as evidence of the original debt and your attempts to repay it.
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