Remember that Credit Union I wrote about the other day where the debt Attorneys resigned and ceased all collection activity on the debt and the Credit Union hired another attorney located a few minutes from my house?

Well I got a letter from the old Attorney that basically challenges my legal definition of *verification* and attempts to collect a debt. That was my 3rd request to him to correctly verify the debt as he only gave me photocopies of the bogus agreement and a printout of debts and credits made on that transaction account.

I said that verification is a notarized document where someone swears to the truth of the matter aserted in the written document - that is the Credit Union has a legal and valid contratual claim against me and that it is a Holder in Due Course. An except from this 3 page letter is below.

Anyway, this slimball wants me to give him case law on the requirements of verification under the FDCPA. Although I do have federal case law on this subject, I don't want to tilt my hand and essentially give him my strategy either.

Also, I'm not sure if the letters simply got crossed or what because the new Attorney wrote me on Monday and said that they are now representing the Credit Union. This letter from the old Attorney was dated the following day.

So here are my questions:

1. Is it possible for the Credit Union to hire 2 Attorneys to collect the same debt? I don't know who I should be communicating with anymore.

2. If the old Attorney is still on this case, should I give him my federal case law on this or say screw you and commence a lawsuit? I only have about 2 months left to sue him under the FDCPA.

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It is generally understood that the word "Verification" is defined as "[A] formal declaration made in the presence of an authorized officer, such as a notary public, by which one [i.e. HUD FCU or an authorized representative of HUD FCU] swears to the truth of the statements in the [written] document . . ." See Black's Law Dictionary 1556 (7th ed. 1999). Alternatively, verification is defined as "an oath or affirmation that an authorized officer [i.e. a notary public] administers to an affiant or deponent [i.e. HUD FCU or an authorized representative of HUD FCU] . . ." See Black's Law Dictionary 1556 (7th ed. 1999). A deponent is a witness who gives written testimony for later use in court. See Black's Law Dictionary 450 (7th ed. 1999).

Moreover, since this deponent (i.e. HUD FCU or an authorized representative of HUD FCU) is treated as a witness who testifies in court for purposes of verification, he or she must have personal knowledge of the legal validity alleged debt transaction(s) and have a present recollection of this knowledge. See Fed R. Evid. 602 (explaining that the witness must have personal knowledge of the matter he is to testify about). Therefore, a photocopy of a loan agreement and an unattested Notice of Claim form is not enough to verify a debt.