CAUTION: THIS IS NOT PROPER LEGAL ADVICE, AS I AM NOT A LAWYER (nor do I pretend to be one... unless the game's protagonist is a lawyer). IT'S RECOMMENDED TO CONSULT A LEGAL EXPERT BEFORE PROCEEDING.
The debt collection agency is REQUIRED to provide proof of the debt in question, including who the debt...
Best answer: CAUTION: THIS IS NOT PROPER LEGAL ADVICE, AS I AM NOT A LAWYER (nor do I pretend to be one... unless the game's protagonist is a lawyer). IT'S RECOMMENDED TO CONSULT A LEGAL EXPERT BEFORE PROCEEDING.
The debt collection agency is REQUIRED to provide proof of the debt in question, including who the debt was originally with & any related information (like account numbers) as well as if the debt is time-barred, IN WRITING. The agency is must be able to provide a paper trail to the originator of the debt if they wish to collect upon it, otherwise it becomes their word against yours & the burden of proof falls upon the collection agency (as you never did business with said agency).
If the agency cannot provide such proof & the issue goes to court, you can have the debt in question dismissed.
There's also the question of the AGE OF THE DEBT to be considered, as most states have a statute of limitations on debts where it can be declared uncollectable if there's no payments made on said debt NOR ACKNOWLEDGE the validity of the debt for a certain number of years (which varies between 3 - 10 years). Therefore, it is CRITICAL that you challenge any debts you're notified as any acknowledgement or payment (no matter how small) on said debt will reset that statute of limitation.
IMPORTANT NOTE: Please be aware that the Statute of Limitations on any debt only prevents creditors & debt collectors from pursuing any legal actions against you (including threats) NOR to report the debt to the credit reporting corporations (as it would be a violation of the Fair Debt Collection Practices Act.
The debt in question (even if valid & outside the Statute of Limitations) still exists & the holders of the debt (the creditors or the debt collectors) can still request payment on them. The Statute of Limitations just prevents them from pursuing legal actions & threats against you.
While I hope this sheds some light on the subject, it's best to consult a legal expert in this matter for more relevant information.
7 days ago