Does the creditor have to furnish proof that I owe less than a $1000.00 if I do not recall ever having the credit card 6 years ago? 8 Answers as of April 28, 2014

I received a letter from a law firm that stated I was going to be sued for a credit card I do not recall ever having. I asked for them to send proof that I owed it. I was told to send a letter requesting information. Does this seem correct?

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SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
Yes, if you request validation of the debt within 30 days of getting their letter, they have to provide it. But your request must be in writing. Do it. Under the Fair Debt Collection Practices Act, they cannot go on collecting it until they provide you that validation.
Answer Applies to: Illinois
Replied: 4/28/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, once you send them a written letter, you also have documentation that you tried to get information if you were to go to court with this.
Answer Applies to: New York
Replied: 4/28/2014
John Ceci PLLC
John Ceci PLLC | John Ceci
I am not sure what you mean by correct. Debt collectors have their own procedures. You have already told the law firm that you don't think you owe the money. If they really think you owe it then either you pay it or wait and see if they sue you. If they do sue you, they have to prove that you actually owe the debt, the amount of the debt and that they have sued you within the applicable statute of limitations. Also, you should also check your credit report to see what's on it.
Answer Applies to: Michigan
Replied: 4/25/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Yes.. According to the FEDERAL FAIR DEBT COLLECTION ACT you must respond in writing denying that you owe anything and they then have a legal duty to verify the debt. If you cannot identify the debt and do not believe you owe it, or most importantly that it might be identity fraud.. you have some options. For instance if you believe its identity fraud and you make a police report (against an unknown fraudster) they have to show you the ORIGIONAL documents for showing your signature to prove that it was you that incurred the debt (but if you knowingly make a fraudulent police report you can get in criminal trouble).
Answer Applies to: Michigan
Replied: 4/25/2014
Requesting information is not an admission of liability. You should be careful not to make ANY admissions, and ask for copies of the credit card application and all statements from the alleged opening of the "account".
Answer Applies to: Ohio
Replied: 4/25/2014
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