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Med Collections/What constitutes proof??

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Helowrenchturn2
New Member

Med Collections/What constitutes proof??

So, my fiance had 5 med collections on her report. We sent validation letters by certified mail and have since recieved responses. Two of the collections couldnt be validated in the time allowed so they were sent back to OC and removed from her CR. We have since been in negotiations with the hospital on repayment of those two.  However, 3 were returned as valid with an itemized list of service, her name and SSN. Is this proper validation?? Thx for any information.

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RobertEG
Legendary Contributor

Re: Med Collections/What constitutes proof??

That has been the million dollar question ever since the FDCPA was implemented.

 

The FDCPA does not provide any definition of what is or is not adequate verifcation/validation of a debt.

Whenever a statute is open to interpretation, then the courts establish their interpretation.  Case law is only binding within a given jurisdiction, and then only when the matter has been determined at the appellate level.

 

With many appellate jurisdictions and no supreme court decsions setting a uniform standard, there are different case law interpretations amongst thte federal appellante circuits.

Most jurisdictions have a standard that the debt collector is only required to investigate and convey their verification as reasonably supported by that investigtion.

They are not required to provide supporting documentation with their verifcation, or to "prove" the legitimacy of the debt unless the matter gets to court.

Only a judge can then determine on a case by case basis if their verificaition is supported by facts..  Thus, it is usually necessary to get the issue of adequacy of any verification before a judge.

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Helowrenchturn2
New Member

Re: Med Collections/What constitutes proof??

Ok, clear as mud  lol  Thanks for the info!

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