Debt Collection Legal Standing

Summary

Third-party debt collectors in Florida must prove their right to collect by providing the original contract and showing a chain of title. Defenses include demanding the original contract, challenging incomplete affidavits, and referencing FDCPA Sections 809 and 807. Consulting a local attorney for specific legal documents is recommended.

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Yes. Please provide defenses including: no copy of original signed contract or agreement between original creditor and Defendant, an incomplete record of the "affidavit of sale of accounts", and provide the FDCPA sections that apply.
In Florida, when dealing with third-party debt collectors, consider these defenses:
- No Original Contract: Demand proof of the original signed contract or agreement.
- Incomplete Affidavit of Sale: Challenge the validity of the affidavit of sale of accounts if incomplete.
- FDCPA Sections: Sections * (Validation of Debts) and * (False or Misleading Representations) may apply.
Are you currently facing a specific issue with a debt collector?
Are you able to construct written defenses?
I can provide general information and guidance on what defenses might be applicable, but I cannot construct written defenses for you. It may be beneficial to consult with a local attorney who can assist in drafting specific legal documents tailored to your situation. Would you like to be connected with local lawyers who can help with your case?
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Case Rating: *
I understand you might be frustrated. If you need specific legal documents, consulting an attorney would be beneficial. If you have any further questions or need more information, feel free to ask.
Please provide FDCPA sections * and * for my review.
Case Rating: *
Certainly! Here are the relevant sections of the Fair Debt Collection Practices Act (FDCPA) you requested:
- Section * - Validation of Debts:
- Requires debt collectors to provide notice of the debt.
- Allows consumers to dispute the debt and request verification within 30 days.
- Section * - False or Misleading Representations:
- Prohibits debt collectors from using false, deceptive, or misleading representations in connection with the collection of any debt.
Let me know if you have any more questions!