Sunday, April 21, 2019

The use of hearsay rules in debt collection

' rumors ' All we know is what it means; we hear what others say or what other third parties hear. These provisions are primarily used in court for the use of evidence provided by court hearings and witnesses, rather than actual reporters, which are interrogated by lawyers and lawyers. In this case, hearsay evidence is used to indicate an out-of-court statement made by one or more persons who have been introduced into the court proceedings to prove the facts of the dispute.

The hearsay rule states that not all hearsay evidence can be used as evidence in court cases or legal proceedings, unless specific exceptions apply. This is only because the hearsay evidence applies to facts or statements made by an actual person who has appeared or is sworn to verify the authenticity of the statement.

In terms of debt recovery or debt collection, as we know, there are several situations in which the recovery process is handled or resolved through the court's legal process. However, this is a scope in which the hearsay rule applies, as debt collection agencies sometimes use whatever resources they have to recover their arrears.

Sometimes it happens in the hands of collection agencies or debt buyers. There are no documents proving the debtor's arrears to the creditor, such as the original loan or contract documents. In this case, the agency uses the debtor's ignorance of the debt collection law to pass the breach of judgment, so that they can legally obtain the debtor's personal information, such as bank accounts, wage statements and other personal information. If they manage to do so, the debtor's assets may be frozen and inaccessible unless the arrears are refunded.

However, if such a legal ban cannot be reached, creditors and debt collection agencies will try to use the statements of friends and colleagues to swear. The hearsay rule means that no witness can provide or provide a written statement in court to provide evidence in the event of a reimbursement of contributions.

We may ask why collection agencies and creditors will take such activities. In fact, debt collection agencies deal with thousands of arrears accounts, and there is hardly any real idea. If there is no information provided, they will provide detailed information. In the absence of the original document or statement, the debt collection agency proves that the debtor owes money to the creditor.

Each claim followed by the debt collection agency is an important factor in the damages of the debt buyer; for each dollar recovered, their liability is paid in the form of a negotiator. In order to increase their requirements, they usually present old credit card bills or loan documents to show how much the debtor owes.

The hearsay rule applies here. Bill statements are inadmissible in court because they are considered materials provided by out-of-court witnesses to justify the dispute. Here, monthly credit card or loan statements are unacceptable evidence because they are merely anecdotal evidence.

Of course, it is ethical to pay the dues on time; however, if financial restrictions arise, it is best to re-examine and develop an agreement to reduce the terms of the debt repayment. However, as we all know, many debt collection agencies will distort and use intimidation to recover serious illegal debts, and do not meet the "fair debt collection law."




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