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Evidence of debt means a writing that evidences a promise to pay or a right to the payment of a monetary obligation, such as a promissory note, bond, negotiable instrument, a loan, credit, or similar agreement, or a monetary judgment entered by a court of competent jurisdiction.

To take legal action to collect a debt, the creditor (the person or company owed money) files a lawsuit against the debtor (the person who owes the money). Once a debt collection lawsuit is filed with the court, the creditor must give the debtor notice of the lawsuit (service).

If you choose not to verify your identity by providing information, like your Social Security number, the debt collector will generally ask you for another form of identification, including: Account number for the debt in question, if you know it. Other contact information, such as your current or previous address.

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts from you, including: Misrepresenting the nature of the debt, including the amount owed. Falsely claiming that the person contacting you is an attorney.

Effective January 1, the small loan act applies to loans under $10,000 and not just $5,000 and certain other restrictions on scope are loosened. The anti-evasion provisions are also expanded. § 58-15-3(D). As of January 1, 2023, a fee of 5% of the principal may be charged for a loan of $500 or less.

It's generally easier for first-party creditors to prove you owe a debt. They simply produce the original credit agreement that shows your name and identifying information, like your address and Social Security number.