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  1. #1

    Default Credit Reports as Evidence

    Are credit reports "sufficient" evidence to counterclaim collection agency law firms in a lawsuit?

    I have an old credit report from 2002 clearly stating that my account was closed in Aug 2000 and the collection agency law firm filed their lawsuit with civil court Sept 2006 - 1 month past the SOL in my state...

    Please advise...Cheers!

  2. #2
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Credit Reports as Evidence

    from what I've been told, credit reports are considered hearsay. you can consider contacting the original creditor for copies of old statements to prove your defense.

    although, to be fair, the date the account was closed is not necessarilly the date the SOL starts running.

    what type of account was it?
    when did the account go delinquent?
    when was the last payment made?
    what state?

  3. #3

    Default Re: Credit Reports as Evidence

    My understanding of the SOL is when the account went delinquent...

    I.E., if the last payment you made on a credit card was Oct 1995 and never made another subsequent payment then that's when the SOL starts...of course in my case, the CR doesn't specifically say that my last payment was Aug 2000 so the next best (and better data IMO) data is when the account got sold/transferred...

    There's no real way to get "the last date of payment" unless the original creditor gives you a letter stating such OR the collection agency's letter tells you but they have no incentive to provide such...

    I would think that the date of tranfer/charge-off would be great evidence to use in defending a lawsuit...

    I live in NYS by the way...

  4. #4

    Default Re: Credit Reports as Evidence

    Also, without CRs -- what other supporting evidence does one have to present in court when he is being sued??

    The CR is the only credible source -- since this is updated by the creditors themselves...

    Otherwise, it's just my word against theirs...and they are very adept at producing fake documents so the only neutral reference document is the CR...

    Thoughts?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Credit Reports as Evidence

    To the extent the court permits it, the debtor should use discovery to obtain records from the plaintiff. The debtor should also, if necessary, remind the court that the plaintiff has the burden of proving the validity of the debt. But the court should not be expected to accept hearsay evidence in the form of a credit report.

  6. #6

    Default Re: Credit Reports as Evidence

    But more often than not, the collection agencies have no real evidence......

    In that case, the CR is the best evidence,,,,,,

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Credit Reports as Evidence

    If there is no proof of the debt which can be submitted to the court, the collection agency shouldn't be able to make its case. The collection agency bringing a debt collection lawsuit has the burden of proof.

    In legal parlance the "best evidence rule" is that the original document (e.g., a loan contract with original signatures) is the best evidence of a debt, and that copies are "secondary evidence", with the preference being that the "best evidence" be used in court where possible and that copies not be admitted into evidence where the original is available.

  8. #8

    Default Re: Credit Reports as Evidence

    My GOD! You rock!

    Thanks again (more like 15 times) for the awesome insight!

    Cheers!

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