Disputing the Validity of a Debt

by Renee
(Kansas)

I received a phone call from a law office about a payday loan that I supposedly took out for $274 5 years ago. I have never been contacted (to my knowledge) about this debt until now. 2 years ago I paid every debt I had on my credit report, this one was not on there.

When speaking with the law office, I asked them to send me something proving the validity of this debt. All they sent me was a letter from their law office stating that they are demanding payment, it showed nothing proving the validity of the debt. At the bottom of the letter it stated the following

"Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days of receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such a judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of original creditor, if different from the current creditor."

I responded by saying I disputed it and requesting more information. They then contacted me saying that they would not be able to provide further information without a subpoena which they "were not going to do at this time".

What is my next step. The statute of limitations in Kansas is 3 years. I've also googled this law office and they have several complaints on them.

I am fully willing to pay a debt if I feel that
it is valid but I really don't remember incurring this debt and I don't want these people calling me every day hounding me about this.

What do I say when I call them next?

Comments for Disputing the Validity of a Debt

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Jun 16, 2010
debt not validated
by: Gerri & Mary

Renee,

Your next call should be to your own consumer law attorney. We have no idea what they are talking about when they say providing you with verification of the debt would require a "subpoena." As their own notice to you stated, you are allowed to dispute the debt and they are required to verify it within 30 days.

While courts have had different interpretations of what the verification response must include, it still must be sent.

Debt collection law firms are required to follow the FDCPA, and if they have violated that law and you successfully pursue it, you may be entitled to attorney fees and damages.

Please talk with your own attorney. You can contact a local consumer law attorney with experience in debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

We would be very interested in hearing what the attorney has to say. We hope you'll come back and share your experience using the comments link below.




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