QUESTION
How should I proceed in disputing a debt and where do I start?
Asked on Aug 19th, 2015 on Bankruptcy - Colorado
More details to this question:
If I send a certified letter to a collector asking them to verify a debt (which I don't have record of and is not on my credit report), and they file a case against me in court before responding to my letter, what should I do?
3 ANSWERS
Validating a debt (not verifying) is something you do to deal with your credit report. When a lawsuit is filed, you either defend yourself from it by filing an Answer or you will lose the suit and have a judgment entered against you.
Answered on Aug 19th, 2015 at 5:56 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
It would be a Fair Debt Collection Practices Act violation for them to sue without verifying, but all they have to do is put it in the mail. Consider whether you want to just send a letter stating that you dispute the debt and decline to pay; otherwise, they may collect evidence that they otherwise would not.
Answered on Aug 19th, 2015 at 3:52 PM
Pay the "answer" fee and file an answer disputing you owe the money. They will have to provide proof of the debt. Good luck!
Answered on Aug 19th, 2015 at 3:13 PM