Can a debt collector enforce electronically signed documents?

Question

Hi,
I had an account from Bill Me Later that went to collections. A debt collector contacted me by mail and I immediately sent out a debt validation letter asking for signatures,account number, balance etc..
They sent a letter indicating the loan agreement was electronically signed and attached what has been purchased from Bill Me Later with the amounts and also the terms and agreements page as well. I plan to work a deal with the agency to pay the debt but I want to make sure that is sufficient proof that validate the debt. Can they enforce electronically signed agreements because they have never attached the original? P.S I did not pay the debt because my mother had no insurance and needed a surgery so please do not slander me. Thanks for all help in advance.

Answer 1

Stop playing games with the collection agency. The purpose of debt validation is to show the debt is yours. You already know you owe the debt and didn't need that validation in the first place.



Collection agencies are going to court over even relatively small debts. Work out a settlement while you still can. You may be able to settle for half, depending on how old the debt. Get any settlement agreement in writing and don't give the collector direct access to your bank account.

Answer 2

If you received money and they can show you received money through a "loan agreement" that has your electronic signature then they WILL, indeed, be able to get a legal judgment against you, no matter that you didn't hand-sign it. You do not have to prove that you DIDN'T receive the money but don't think you can hide behind the lack of a personal signature on a piece of paper. Your were right to refuse to contact the police, but if this is truly a scam (i.e., that you never entered into any agreement with anyone and never received any money) then maybe you SHOULD go to the police. OBTW, the delays between contacts do not mean they lost the legal right to sue you for a legitimate debt. If you received value (i.e., money) from someone and haven't paid it back, then they are in the right to do what they can to collect. But even then you would be within your rights to oder them to cease calling you about it and go ahead and file suit, if they want to. Let me clarify. They can't "enforce" a debt. They can get official help enforcing a "court order" which can be obtained if the debt is legal (even if electronically signed) and unpaid.

Answer 3

There is no point in trying to dispute a valid debt that really occurred. An electronic signature is valid. Instead of wasting time in validating a real debt, work out a payment arrangement with them.

Answer 4

Of course they can.