Collect any documentation or evidence that supports your claim. This can include bank statements, payment records, contracts, or any other relevant documents that prove you are not responsible for the debt. Make sure to keep copies of all communication with the debt collector as well.
This usually means producing proof that the debt was assigned to it. Often, such proof will be a bill of sale, an "assignment," or a receipt between the last creditor holding the debt and the entity suing you.
If it's someone else's debt
Call the bailiffs - you can find their number on the notice of enforcement. It's best to call them, as this is the quickest way to get in touch. Tell them you're not the person named on the notice of enforcement. Explain you'II send evidence to prove this.
Send a dispute letter to the debt collector
If you believe a debt is not yours, you only have 30 days from receiving the initial contact from the collection agency to send a dispute letter. To assert your right to contest the debt, you must do so in writing.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
The official receiver, liquidator or trustee is required to send a proof of debt form to any creditor in winding up or bankruptcy proceedings where the creditor so requests [Note 32] [Note 34].
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
You have the right to send what's referred to as a “drop dead letter. '' It's a cease-and-desist motion that will prevent the collector from contacting you again about the debt. Be aware that you still owe the money, and you can be sued for the debt.
The proof of debt needs to be filed after the court has made an order to wind up the company. Once the order has been passed, a maximum period of three months is allocated to file the proof of debt. Often, a company that is in the process of liquidation will have several creditors.
Evidence of debt means a Written instrument, including a Negotiable Instrument, executed, or purportedly executed, by a customer of the Insured and held by the Insured or an Investment Adviser that in the regular course of business is treated as evidencing the customer's debt to the Insured.
Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.
While debt collectors can no longer have you jailed or threaten to have you arrested for not paying your debts, there are a few instances in which you can be incarcerated with debt as the underlying cause. For example, a debt collector can sue you and, if you fail to comply with court orders, you could get jail time.
Notably, California law allows survivors to specify in their protective orders any debts incurred as a result of domestic violence and without their consent. Like the other states mentioned, California also provides survivors with relief from debt collection and payment obligations related to coerced debt.
Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.
Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.