Have you been disputing with your creditors and collection agencies to correct their records and information they furnish to the credit reporting agencies only to receive a response that they have verified their records and the information will remain the same, with the bonus of a dispute comment being added?
Did they validate or prove their claim? In order to do that, they need to send the documentation to substantiate the correctness of the information they hold on you. Did they send that? Probably not. The most you usually get will be several months, possibly years of billing statements. Maybe part of a contract. Well, you won't get that from 3rd party collectors in most cases because they have no contract with you. They may some portion of a contract from the alleged original creditor but not any with them.
So what do billing statements prove? Not a contract, nor a valid contract. They don't represent a full accounting. They don't represent anything you should be asking them to provide. Sometimes in my letters I specifically tell them NOT to send any billing statements because they don't prove anything I need to support their claim. They either don't read or don't give a rip because that's the most common thing I get other than a letter with a hearsay statement that their info is right.
So, they really don't prove their claim at all. How about Verification. Do they actually verify their claim or just say they did because they are so used to lying? What they send you is "hearsay." I'll touch again on that in a moment but let's explore "Verification."
I'm going to start with Black's Law Dictionary for a legal definition of Verification. Then I'll show you what the Federal Code defines Verification as being.
Verification: Black's Law Dictionary "... averment that the party pleading is ready to establish the truth of what he has set forth." "The examination of a writing for the purpose of ascertaining its truth; or a certificate or affidavit that it is true."
The court said "Confirmation of the correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or deposition." McDonald v. Rosengarten, 134 111. 126, 25 N. E. ; and Summerfield v. Phoenix Assur. Co. (C. C-) 65 Fed. 296; and Patterson v. Brooklyn, 6 App. Div. 127, 40 N.Y. Supp. 581.
It
is swearing under oath that you can prove your claims. When in
court, who can testify as a witness? The answer is, a person
with FIRST HAND KNOWLEDGE!
Now let's see what the Federal Code says is needed for Verification:
28 USC 1746 – UNSWORN VERIFICATION
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:
(1)
If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).
(Signature)”.
(2)
If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(Signature)”.
So, I would bet at least 99% of those reading this post that have ever received a response letter from a creditor, collector, or credit bureau claiming the information is verified has received a true verification. They don't dare state anything under Penalty of Perjury. That to me means they know they are lying to you and don't want that verification to be used against them in court.
Now back to hearsay. According to Black's Law Dictionary, verification is sworn testimony. Testimony must be based on one's first hand knowledge. Testimony must be supported by documentation. If you don't provide the documentation, then there's no supported testimony. If you have documentation but no sworn testimony, how do you know if the documents are accurate? To avoid "hearsay," you need both the documentation AND the testimony.
Here's case law that clearly shows you that what you are receiving from these credit thugs is hearsay, unproven, not validated, and not verified:
“Testimony, whether live or in the form of an affidavit, to the effect that the witness has reviewed a loan file and that the loan file shows that the debtor is in default is hearsay and incompetent; rather, the records must be introduced after a proper foundation is provided.” New England Savings Bank v. Bedford Realty Corp., 238 Conn. 745, 680 A.2d 301, 308-09 (1996), later opinion, 246 Conn. 594, 717 A.2d 713 (1998); Cole Taylor Bank v. Corrigan, supra, 230 Ill.App.3d 122, 595 N.E.2d 177, 181 (2d Dist. 1992).
“It is the business records that constitute the evidence, not the testimony of the witness referring to them.” (In re A.B., 308 Ill.App. 3d 227, 719 N.E.2d 348 (2d Dist. 1999)
I like to tell these credit and collection companies that they forgot to provide the verification and forgot to provide the documentation they claim is accurate with their response, and therefore they haven't proven diddly squat.
What you can take from this post is that they don't prove their claims, They don't validate, they don't verify. They lie, they slander you on your credit reports and you need to reject their claim until they provide the documented proof you are entitled to receive along with the sworn or unsworn verification, signed and dated under Penalty of Perjury. That's what the law says they need to do. That's what the courts have upheld that they need to do. You need to be stubborn on this. Keep all your records and be diligent. Hold your ground and refuse to accept their lies.
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