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Nathan GesnerPoster
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Nathan GesnerPoster
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My example is kind of long. Tenant was a work-from-home attorney. Regularly late, and this time he was 15 days late. I sent him a 3-day Pay or Quit Notice and this was his response:
- Complete payment history, the requirement of which has been established via Spears v. Brennan, 745 N.E. 2d 862 (Ind. Ct. App. 2001);
- The agreement bearing the signature of me, wherein I agreed to pay;
- The letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 2002 U.S. Dist. LEXIS 26788 (D. Conn. 2002) - Information relating to the purchase of a bad debt is neither proprietary nor burdensome. Debtor must clearly phrase their request to obtain: the source of a debt and the amount a bad debt buyer paid for plaintiff’s debt; how amount sought was calculated; where in issue a list of reports to credit bureaus; and documents conferring authority on third party to collect debt.
- Documentation of the creation of the debt with your collection agency.
My response:
- Nathan Gesner
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The DIY Landlord Book
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