What if I confirmed a debt (orally, on the phone) before receiving written validation of the debt?

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What if I confirmed a debt (orally, on the phone) before receiving written validation of the debt?

Asked on November 20, 2012 under Bankruptcy Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

That confirmation could most likely be used against you (particularly if it was taped), and even in a court of law (if you are sued), where it would most likely be admitted into evidence as a declaration against interest. If you can show that fraud or trickery was involved, such as the the creditor or collection agent misidentifying the amount of the debt, to whom it was owed, etc., that would be different; but otherwise, there is a good chance you could be held to that confirmation.


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