Debt collectors can be relentless. They will attempt to contact a consumer through any means necessary to collect on a debt. Financial hardships can be stressful enough but dealing with the additional stress of collection calls can be a large burden in a person’s life.
Surprisingly, this burden is even dealt with by people who don’t owe any debt at all. In fact, according to Forbes, around 52% of debt collection complaints received by the Consumer Financial Protection Bureau in the last year were made by consumers that claimed they were being contacted regarding debts they did not have.
Incorrect attempts at debt collection can occur for a number of reasons, including:
- Identity theft
- Similar names to debtors
- Consumers have already paid the debt, but collectors are unaware
- Debt sold by credit companies to collectors without substantial information to identify debtors
- Scammers
If you are faced with a mistaken debt collection attempt, there are ways to effectively dispute it:
- Identify the collector by asking for their name, company name, address, and phone number
- Do not disclose your personal information (i.e. – address, phone number, etc.)
- Obtain all of the necessary information regarding the debt (i.e. – the amount, name of debt holder, information of the creditor) and use it to contact the company that issued the credit. Collectors are legally required to provide you with this information.
- Send a debt dispute letter to the address of the original creditor.
In order to create a dispute letter, you must state that you have been contacted regarding debt you do not owe. You must request proof of the debt owed and that in the event this cannot be provided, all contact regarding such will cease.
After a dispute letter is received, contact from the agency must stop unless a debt validation letter is sent. It must prove that the debt is yours. If it becomes difficult to disprove the disputed debt, it can become essential to hire an experienced attorney to represent you and advise you on your options.
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If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com
