How do I respond to an initial debt collector demand letter when I do not have the money they say I owe and I am not sure I even owe it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I respond to an initial debt collector demand letter when I do not have the money they say I owe and I am not sure I even owe it?
A subscription service a year ago said I verbally authorized magazine subscriptions on the phone. They had a “recording” they said was my voice. I told them to cancel it and they refused; I called the magazine company and they agreed to stop sending them. My bank investigated but did not indicate a finding of fraud to me. I changed my debit card that the company somehow had access to. This company has both my first and last name misspelled and I think I was somehow scammed. I can request in writing a “verification or copy of a judgment” within 30 days. What should I do?
Asked on September 2, 2011 under Bankruptcy Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Okay first, calm down. Two things need to be figured out here. First, you need to figure out if they have in fact sued you and gotten a judgement. Because if they have then there is a whole different road that you need to travel down here. I am going to assume, for the sake of this question, that they have not. So what you need to do is to demand that the debt collector validate the debt. You write a letter to them requesting certain information to prove that you do indeed owe the debt.
If they can not provide the validation they can not collect. Let them know that if they fail to provide this information with in 30 days and they continue to harass you you will be seeking legal counsel. I would also report them to the state attorney general's office consumer fraud division. You did not order the magazine. They are stealing money from your account. This is a scam. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.