As I was browsing online, like I normally do, I came across a question asked by a consumer with an answer provided by an attorney.

The consumer explained to the attorney that when he asked the collection agency for proof of his debt (validation), they sent him photocopies of credit card statements from the original creditor. He went on to say that the collection agency told him that he needed to pay up the entire amount, plus fees, immediately in order to avoid a lawsuit. The consumer asked the attorney if the photocopied statements were enough to prevail.

The attorney replied with this answer:

When a collection agency/debt buyer does submit a series of monthly statements, either at trial or accompanying a summary judgment motion, those statements must be properly authenticated. The statements cannot be the basis for a collector’s summary judgment motion or to make their claim in court if they are unaccompanied by any affidavit swearing to or certifying the records.

As in your case, a debt buyer can not merely file documents received from the original credit card company, even if they are retained in the collection agency’s regular course of business. The records must have been kept in the original creditor’s regular course of business, and an affidavit must authenticate that fact. So therefore, the answer is no, copies are not enough for the plaintiff to win.

Additional Information

• Elizabeth Nagy

  “I read it, and I liked it. My question is: based on this answer, and an additional information which is that SOL is already expired, can I request the credit bureaus to remove their reporting from my credit report? They have just changed to ‘Disputed’ from ‘Collection Account’. They failed to prove properly that I owe them, I consider it fraud. Thank you”