Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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Old 02-07-2006, 10:02 AM
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Validation Vs Verification

So I have seen alot of posts talking about Validation and others talking of Verification.

What is the current thinking/practice? Verification? Make the Bank/Collector/CRA 'prove it'.

From dictionary.com:
validation

n 1: the act of validating; finding or testing the truth of something [syn: proof, substantiation] 2: the cognitive process of establishing a valid proof [syn: establishment]

verification

n 1: additional proof that something that was believed (some fact or hypothesis or theory) is correct; "fossils provided further confirmation of the evolutionary theory" [syn: confirmation, check, substantiation] 2: (law) an affidavit attached to a statement confirming the truth of that statement
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Old 02-07-2006, 07:35 PM
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Verification. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.

Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of parties. Sheely v. City of Santa Clara, 215 Cal.App.2d 83, 30, Cal.Rptr. 121, 123. (emphasis added)

In accounting, the process of substantiating entries in books of account. (emphasis added)

See also Acknowledgment; Certification; Authentication; Certification; Confirmation; Oath; Verify.

Verified copy. Copy of document which is shown by independent evidence to be true.

A copy, if successive witnesses trace of the original into the hands of a witness who made or compared the copy. Nu Car Carriers v. Traynor, 75 U.S.App.D.C. 174, 125 F2d 47, 48.

Verify. To confirm or establish by oath or affidavit.

Particularly used of making formal oath to accounts, petitions, pleadings, and other papers. (emphasis added)


Valid. Having legal strength or force, executed with proper formalities, incapable of being rightfully overthrown or set aside. Bennet v. State, 46 Ala.App. 535, 245 So2d 570, 572.

Founded on truth of fact; capable of being justified; supported, or defended; not weak or defective. Kentucky Unemployment Ins. Commission v. Anaconda Aluminum Co., Ky., 433 S.W.2d 119, 121.

Of binding force; legally sufficient or efficacious; authorized by law.

Good or sufficient in point of law; efficacious; executed with the proper formalities; incapable of being rightfully or overthrown or set aside; sustainable and effective in law, as distinguished from that which exists or took place in fact or appearance, but has not the requisites to enable it to be recognized and enforced by law.

A deed, will, or other instrument, which has received all the formalities required by law, is said to be valid.

Validate. To make valid; confirm; sanction; affirm.

Valid Contract. A contract in which all the elements of a contract are present and, therefore, enforceable at law, by the parties.

A properly constituted contract having legal force.

Compare

Unenforceable contract. A contract having no legal effect or force in a court action.

See

Void contract. A contract that does not exist at law; a contract having no legal force or binding effect.

Expression denotes that the parties to the transaction have gone throught the form of making a contract, but that none has been made in law because of lack of some essential element of a contract, and such contract creates no legal rights and either party thereto may ignore it at his pleasure, in so far as it is executory. Griffin v. Smith, C.C.A.Ind., 101 F.2d 348, 350.

See also

Voidable Contract. A contract that is valid, but which may be legally voided at the option of one of the parties.

One which is void as to wrongdoer, but not void as to wronged party, unless he elects to so treat it. Depner v. Joseph Zukin Blouses, 13 Cal.App.2d 124, 56 P.2d 574, 575.

One which can be avoided (cancelled) by one party because right of rescission exists as a result of some defect or illegality (e.g. fraud or incompetence.)

Black's Law Dictionary, Sixth Edition
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Old 02-07-2006, 08:04 PM
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Quote:
Originally Posted by mrg
Verification. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition.

Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of parties. Sheely v. City of Santa Clara, 215 Cal.App.2d 83, 30, Cal.Rptr. 121, 123. (emphasis added)

In accounting, the process of substantiating entries in books of account. (emphasis added)

See also Acknowledgment; Certification; Authentication; Certification; Confirmation; Oath; Verify.

Verified copy. Copy of document which is shown by independent evidence to be true.

A copy, if successive witnesses trace of the original into the hands of a witness who made or compared the copy. Nu Car Carriers v. Traynor, 75 U.S.App.D.C. 174, 125 F2d 47, 48.

Verify. To confirm or establish by oath or affidavit.

Particularly used of making formal oath to accounts, petitions, pleadings, and other papers. (emphasis added)


Valid. Having legal strength or force, executed with proper formalities, incapable of being rightfully overthrown or set aside. Bennet v. State, 46 Ala.App. 535, 245 So2d 570, 572.

Founded on truth of fact; capable of being justified; supported, or defended; not weak or defective. Kentucky Unemployment Ins. Commission v. Anaconda Aluminum Co., Ky., 433 S.W.2d 119, 121.

Of binding force; legally sufficient or efficacious; authorized by law.

Good or sufficient in point of law; efficacious; executed with the proper formalities; incapable of being rightfully or overthrown or set aside; sustainable and effective in law, as distinguished from that which exists or took place in fact or appearance, but has not the requisites to enable it to be recognized and enforced by law.

A deed, will, or other instrument, which has received all the formalities required by law, is said to be valid.

Validate. To make valid; confirm; sanction; affirm.

Valid Contract. A contract in which all the elements of a contract are present and, therefore, enforceable at law, by the parties.

A properly constituted contract having legal force.

Compare

Unenforceable contract. A contract having no legal effect or force in a court action.

See

Void contract. A contract that does not exist at law; a contract having no legal force or binding effect.

Expression denotes that the parties to the transaction have gone throught the form of making a contract, but that none has been made in law because of lack of some essential element of a contract, and such contract creates no legal rights and either party thereto may ignore it at his pleasure, in so far as it is executory. Griffin v. Smith, C.C.A.Ind., 101 F.2d 348, 350.

See also

Voidable Contract. A contract that is valid, but which may be legally voided at the option of one of the parties.

One which is void as to wrongdoer, but not void as to wronged party, unless he elects to so treat it. Depner v. Joseph Zukin Blouses, 13 Cal.App.2d 124, 56 P.2d 574, 575.

One which can be avoided (cancelled) by one party because right of rescission exists as a result of some defect or illegality (e.g. fraud or incompetence.)

Black's Law Dictionary, Sixth Edition
Good info, mrg.
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Old 02-09-2006, 10:46 PM
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Thanks for the info on this.
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