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  1. #1

    Default Obtaining Proof of Debt

    My question involves collection proceedings in the State of: georgia

    have been served a summons re an old charged off debt.

    I talked to the firm that bought the debt today and asked them to provide me with the account history, and specifically the date of last activity on the account. The person said they don't have that information.

    I called the company the debt was originally with and they have the information but said they do not give it to the buyer of the debt.

    So how do they prove you owe anything?

    How do they prove or disprove the SOL on a debt?

    Original company says last activity was a payment made Jan/05 so I am not out of the 4yrs yet.

    What to do? fight it myself or get a lawyer, or settle? They want to settle, which makes me suspicious. If they thought the case was bulletproof they wouldn't necessarily want to do that would they?

    What, exactly, do I need to gather for this?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Obtaining Proof of Debt

    You have the burden of proof on your statute of limitations defense, not them.

    You can seek information about the account through discovery. Read the court rules.

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