Sarasota, FL asked in Collections for Florida

Q: If a debt collector cannot provide an itemization of where they are getting their figures from, do they have a case?

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3 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Collections Lawyer
  • Las Vegas, NV

A: Yes. But they may lose the case at trial if they cannot prove their claim.

Charles M. Baron and Terrence H Thorgaard agree with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: The phrase "an itemization of where they are getting their figures from" apparently means the amount owed. This is normally proved with periodic statements sent to the debtor. They also must be able to prove that they bought the debt from the original creditor and that they notified the debtor that they bought the claim.

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Collections Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Do you mean, "Can they file a case against me?" or instead, "Can they prove their case in court?" If the former, yes, anyone can file suit whether they have a strong case, weak case, or even a frivolous case. For any of those categories, a lawyer can advise how the matter should be handled. Whether they can prove their case in court is an issue that you won't be able to obtain an online answer for. They may or may not need to itemize, depending on a number of factors. In the scenario of an undisputed statement of account, the creditor might be able to successfully sue the debtor for "Account Stated" without itemizing, even if they would have had to itemize had the statement been timely disputed. Also, if the plaintiff bought the debt from the original creditor, it will have to prove certain facts, as Mr. Thorgaard pointed out in his answer.

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