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I am receiving daily phone calls from a debt collector on a debt that he claims I owe from 12 years ago in California. Said debt has not shown up on my credit report and I cannot find the name of the collector on Google. He says if I don't pay he will sue and win and also claims that I signed a tolling agreement but refuses to produce said paperwork. The alleged original debt comes from Wells Fargo (previous bank account) in California, but I currently live in Michigan.
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Depending on the exact debt, you may have a cause of action under the Fair Debt Collections Practices Act.
FDCPA bans certain unlawful and unethical collections practices.
On the face of the facts as presented, it is not clear the debt is owed and they are still trying to collect. It also appears they may have made false statements to do so.
A creditor can sue but if the debt is old or not owed or creditor breaks the law in the process of collecting, the creditor can be liable for damages and attorney fees.
Our firm has a great deal of FDCPA experience and we would be happy to give you free consultation.
Answered on Sep 22nd, 2021 at 2:29 PM