Debt Validation Question -- Federal Rules of Civil Procedure
Thu, 11/03/2005 08:13
Federal Rules of Civil Procedure (FRCP)
FRCP - Rule 1002. Requirement of Original
To prove the content of a writing, recording, or photograph, the original writing, record, or photograph, is required, except as otherwise provided in these rules or by Act of Congress.
FRCP - Rule 1003. Admissibility of Duplicates
A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in this circumstance it would be unfair to admit the duplicate in lieu of the original.
I'm brand spanking new to all of this and am just trying to get up to speed on a variety of things as quickly as I can. I found this site from posts on validation and related to the Sample Letters provided here (good stuff!).
I found the above while searching and wonder if anyone has come across this, and if so, have you used it successfully or not. I know that this is related to Federal procedures, but I've been told that it would be likely that all states would have in place something that would mirror this. The bottom line is that from what I can see, it seems to suggest that as part of a validation request that you'd have the right to demand a copy of originally signed documents -- which I would think would be the initial credit application.