RE CA... how does this help prevent Joe Smith the innocent from being served for Joe Smith the debtor? Perhaps full and complete name, birthdate, race, gender, etc. should be required on every document submitted. Also, any changes of address post-default judgment should require accompanying paperwork that demonstrates that the lawyer/agent actually certified and validated the change to be true with actual automatic sanctions to the lawyer when it is not.
and if accused of a false service or subservice, they bring the process server to court with them on the court date, or, if asked, produce errors and omissions insurance policy so those false served or subserved can file a claim.
When debt collectors send that Validation Notice, they are required to state the creditor to whom the debt is owed. I think that is sufficient notice that the debt is being assigned for collection. I commented on the other thread that I DO believe notice should be given when the debt is sold. But if the current creditor is retaining ownership but just assigning it to a collection agency or law firm, they will be notified when that agency contacts them and sends a Validation Notice. Besides, the collection agency or law firm may end up refusing to accept the account due to a conflict or a variety of other reasons. Giving notice that ends up being false would certainly cause confusion.
Moderator
1
Welcome to RegulationRoom, rb. You can tell us more about what types of information should be transferred between sellers and buyers of debt here.
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From_ill_annoy
2
How does this help in any way?
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Moderator
3
Hi rb. Industry certification standards of the Debt Buyers Association prohibit selling a debt with an unresolved dispute. You can tell us more about what should happen with unverified debts, here.
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From_ill_annoy
4
RE CA... how does this help prevent Joe Smith the innocent from being served for Joe Smith the debtor? Perhaps full and complete name, birthdate, race, gender, etc. should be required on every document submitted. Also, any changes of address post-default judgment should require accompanying paperwork that demonstrates that the lawyer/agent actually certified and validated the change to be true with actual automatic sanctions to the lawyer when it is not.
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Aaron Racicot
5
You can always check with the original creditor.
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Debt Neutrality Petition
6
and if accused of a false service or subservice, they bring the process server to court with them on the court date, or, if asked, produce errors and omissions insurance policy so those false served or subserved can file a claim.
View this comment in the discussion thread
RHN91362
7When debt collectors send that Validation Notice, they are required to state the creditor to whom the debt is owed. I think that is sufficient notice that the debt is being assigned for collection. I commented on the other thread that I DO believe notice should be given when the debt is sold. But if the current creditor is retaining ownership but just assigning it to a collection agency or law firm, they will be notified when that agency contacts them and sends a Validation Notice. Besides, the collection agency or law firm may end up refusing to accept the account due to a conflict or a variety of other reasons. Giving notice that ends up being false would certainly cause confusion.
View this comment in the discussion thread