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Question
I applied for a credit card with state farm bank in 2003. They had asked me did I want to let anyone in my family use the account. I gave them my wifes info. I ran into some hard times in 2006-07 and ran up alot of debt on the card by myself. All correspondence they sent were addressed to me and not my wife including phone calls. I had to file bankruptcy (only myself not my wife) on this and now they say my wife owes this. I had asked the original collection agency to provide me with the original agreement for the account and they could not. They claim state farm doesn't have it. I contacted a representative at state farm and she told me they didn't have one. Six months went by and another collection agency has the debt. I sent them a letter of validation requesting information on the account including the original agreement. They sent a response back with only a list of transactions for the account, and a letter saying they are licensed in my state (Tennessee). No agreement. I am sending a follow up letter to them telling them that they are in violation of the fair debt act along with another copy of the validation letter with the part highlighted about the original signed agreement. If I don't here a written response from them in 30 days stating why they can't provide this and if they have no proof I can safely expect that this debt is not valid. I don't understand how state farm can say that my wife is a guarantor on this account when she never spoke with her or had her to sign anything. Any advice would be appreciated
First thing you need to learn is what FDCPA will let you demand of them.
I don't think you can find anything in there that says they have to provide you with a copy of any agreements. I also doubt that you can find any other law that says the debt isn't valid if they don't provide you with one or can't.
I'd sure appreciate it if you can show me the section of FDCPA that says it is a violation for them to fail or refuse to provide you with a copy of the signed agreement.
Can you do that? Show me where it says that failure to provide a signed copy of the card agreement is a violation?
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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