Am I responsible for unknown loan? 9 Answers as of December 10, 2013

I have an individual contacting me and stating that I am responsible for a loan taken in 2009. He does not have the amount of the original loan. I have asked for documentation to support the claim that I am liable. He has stated that information was previously provided but I do not have it. I do not remember receiving any correspondence in reference to this matter or a loan.

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Stephens Gourley & Bywater | David A. Stephens
If you did not take out the loan, you are not responsible for it.
Answer Applies to: Nevada
Replied: 12/10/2013
S. Joseph Schramm | Joseph Schramm
If he cannot provide you with specific documentation for the alleged loan and you have no record of it yourself you would have no obligation to pay any alleged balance. The person might even be attempting to scam you into paying for money you never borrowed.
Answer Applies to: Pennsylvania
Replied: 12/6/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
You are not liable, unless he can prove that you took out the loan. So if you have no memory of it and if he cannot provide documentation he looses. My guess is that its either an outright fraud by the creditor (false claim) or someone took out the loan in your name, e.g. identity theft. If it is identity theft all you have to do is to make a police report that someone was using your name and took out a loan. If you follow through and do that the creditor must provide original signed copies of the loan document that proves that you personally made or signed for the loan. If he/she cannot they loose. (but be careful making a false police report is illegal so do not do this unless you are certain). I had a client whose ex husband took out a loan in her name without her knowledge do this the lender went away.
Answer Applies to: Michigan
Replied: 12/6/2013
Timothy Casey Theisen, P.A. | Tim Theisen
Tell him you are not going to pay it, and there's nothing he can do about it. Then block his number so he can't call you.
Answer Applies to: Minnesota
Replied: 12/6/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Then they would eventually have to file in court to collect and which point he would have to provide proof of this so called debt.
Answer Applies to: New York
Replied: 12/6/2013
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    You are likely dealing with a scammer. Under no circumstances should you agree to pay anyone who will not provide documentation of a debt that they are attempting to collect, including proof of their authority to collect it and the note or loan agreement. Report the incident to the Federal Trade Commission and state Attorney General.
    Answer Applies to: Illinois
    Replied: 12/6/2013
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    The burden of proof is on the creditor. You are entitled to documentation of the creditors purported claim. They can either provide it now or provide it if they decide to sue you.
    Answer Applies to: Massachusetts
    Replied: 12/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Watch yourself, make him provide all of the information, this is a common method to get the information necessary to steal your identity.
    Answer Applies to: Michigan
    Replied: 12/6/2013
    Law Office of Richard Winkler | Richard Winkler
    You are not responsible for any loans you did not sign.
    Answer Applies to: Rhode Island
    Replied: 12/6/2013
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