Delaware Judiciary To Zombie Debt Buyers, Collectors Coming To Court Claiming They're Owed Cash: Prove It!
- The Delaware courts have posted an administrative directive setting higher standards for consumer debt collectors to plead and document their collection actions. Among other things the directive calls for debt buyers to identify the original creditor and all assignments of the debt and to attach a copy of the original contract.
- The latter requirement will be challenging for credit card debts, because the written credit card account agreement is a thing of the past; most credit card contracts are now formed (according to the card issuers anyway) when a consumer clicks an "I agree" button, and the contract terms are somewhere in the cloud. You can read and respond to comments on the directive here.
Source: Delaware Courts to Collectors: Prove It.
In related stories, see:
- In New York, Some Judges Are Now Skeptical About Debt Collectors’ Claims,
- Why the NAF Wants Courts to Lower the Burden of Proof on Debt Collectors.
Thanks to Deontos for the heads up on the CL&P Blog post.
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