Welcome and thank you for sharing your story, JClark53. That sounds very frustrating. Collectors are currently required to send consumers a “validation notice” within 5 days of first contacting them. You can read more about that process and comment on issues about the validation notice at the topic titled, The "validation notice" sent to consumers.
The burden of proof cannot be placed anywhere else, JClark53. But, a disputed account is rare. Most people are aware of their obligations, but just cannot pay them now. Starting the process should be simple and clear to each party, not talk about judgments or disputes where it is unlikely that either apply.
But they also can't send you a signed paper for something you agreed to online, or over the phone. So few people actually put a pen to paper these days to sign a formal written agreement. So that's an unfair requirement when it doesn't always exist.
I have never applied for credit in any way other by paper application, and everyone I have ever owed money to has tons of paperwork. I don't know how it works when you apply electronically, but what's to prevent someone from saying they are owed money? The burden of proof is going to have to be on the creditor, and if they aren't getting paper signatures, they'd better have some pretty good proof otherwise. Meanwhile, if you say they wouldn't lie about it, I would love to sell you my ocean front property in Nebraska.
Moderator
1
Welcome and thank you for sharing your story, JClark53. That sounds very frustrating. Collectors are currently required to send consumers a “validation notice” within 5 days of first contacting them. You can read more about that process and comment on issues about the validation notice at the topic titled, The "validation notice" sent to consumers.
View this comment in the discussion thread
LarryS
2
The burden of proof cannot be placed anywhere else, JClark53. But, a disputed account is rare. Most people are aware of their obligations, but just cannot pay them now. Starting the process should be simple and clear to each party, not talk about judgments or disputes where it is unlikely that either apply.
View this comment in the discussion thread
RHN91362
3
But they also can't send you a signed paper for something you agreed to online, or over the phone. So few people actually put a pen to paper these days to sign a formal written agreement. So that's an unfair requirement when it doesn't always exist.
View this comment in the discussion thread
JClark53
4
I have never applied for credit in any way other by paper application, and everyone I have ever owed money to has tons of paperwork. I don't know how it works when you apply electronically, but what's to prevent someone from saying they are owed money? The burden of proof is going to have to be on the creditor, and if they aren't getting paper signatures, they'd better have some pretty good proof otherwise. Meanwhile, if you say they wouldn't lie about it, I would love to sell you my ocean front property in Nebraska.
View this comment in the discussion thread