It is incumbent upon them under the law to prove that the debt exists and that you owe it, and that they have the legal right to collect it. You are not obligated under the law to prove that you don’t owe or that it is paid.
Federal law (FDCPA) requires them to send you a letter (US MAIL ONLY) postmarked within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. It also must contains “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes. The one other important thing that this letter must also have in it is that you have a right to dispute the debt within 30 days of receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified.
Read up on your rights here and also make a complaint at this government site: http://www.consumerfinance.gov/
Also file a complaint with your State Attorney General's office.
List of State AG’s offices: http://800notes.com/faq/attorney-general
Received a call from 5042058129 claiming that a complaint has been taken out on me and asked me to call. Call is from a state that I do not live in. This has to be a scam. I will wait for the served papers that they claim will be sent. When you call these scams, the can get your info very easily
This guy and this number is a total scam. I' am considering making a police report because this guy call multiple times a week. This guy is rude, vulgar, and disrespectful. I asked him for his name, direct extension, and date of debt. He couldn't provide any of this information and just said that he could settle the debt for $500 dollars. I told him he was crazy and out of line and that he could mail me the paperwork if it existed, and not to call anymore. I have always received paperwork in the mail and never in this manner! I will wait for papers in the mail and if its true I would be happy to go to court and see what the heck is going on! This number has continued to call me over a year or longer and nothing has happened! TOTAL SCAM! The guy likes to yell-I wish he would yell in my face because I would slap the crap out of him!
It is incumbent upon them under the law to prove that the debt exists and that you owe it, and that they have the legal right to collect it. You are not obligated under the law to prove that you don’t owe or that it is paid.
Federal law (FDCPA) requires them to send you a letter (US MAIL ONLY) postmarked within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. It also must contains “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes. The one other important thing that this letter must also have in it is that you have a right to dispute the debt within 30 days of receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified.
Read up on your rights here and also make a complaint at this government site: http://www.consumerfinance.gov/
Also file a complaint with your State Attorney General's office.
List of State AG’s offices: http://800notes.com/faq/attorney-general