Your 3 options when you’re accused by a debt collector of owing a debt that you do NOT owe
When you’re dealing with a debt collector, it’s important to have options. None of these options are perfect or awful, they’re simply options to consider when you’re dealing with a debt collection lawsuit.
You need to look at each option and decide which one is best for your specific case.
The first option is that you can do nothing.
Now, you may choose this option because you’re sure the debt collector will just go away.
Or that you’ve owed the same debt for 10 years, and a new collector pops up every 6 months to collect it and then disappears.
Maybe you’re just curious about what the collector will do.
Will they keep trying to collect?
Will they continue to report the debt on your credit report?
Will the collector continue digging his grave deeper and deeper by contacting you?
Second, you can talk to the debt collector.
You can call them on the phone and talk with them. Ask them to explain they’re collecting this debt that you don’t owe them.
Or, you can send them letters and ask them to stop contacting you and stop trying to collect the debt.
You can dispute through the credit bureaus and let them know you don’t owe this debt.
Sometimes it makes sense to send the bureaus a letter explaining in detail why you don’t owe the debt with proof.
Other times, you’ve already sent them proof so you let them know that you don’t owe the debt and tell the bureaus that the collector knows you don’t owe it.
Then the credit bureau comes back and says that you do owe it. This is when you would definitely want to look at option three.
Your third option is to sue the debt collector.
If the debt collector refuses to listen, you can sue the debt collector for falsely reporting on your credit under the FDCPA (Fair Debt Collection Practices Act) and/or the FCRA (Fair Credit Reporting Act).
Maybe you won your debt collection lawsuit, and they’re continuing to try and collect this debt you don’t owe. You can sue them for violating the law.
You might sue them under state law, invasion of privacy, malicious prosecution, etc.
Whatever law you’re using, these debt collectors will have to pay for violating the law and for harassing you.
We’ve seen consumers who have been sued AFTER they’ve already settled their lawsuit.
If this is your situation, you need to take care of that collection case, but once that case is finished you can sue them for malicious prosecution — there’s no reason for you to be sued on the debt.
Make sure you look at all of your options.
When a debt collector is trying to get in touch with you, you can wait and see what they’ll do, talk with them via phone or letter, or you can sue them.
Every case is unique, and we recommend getting with a consumer lawyer in your state to help you determine the best option for your particular situation.
If you live in Alabama and you have any questions, feel free to get in touch with us!
You can reach us by phone at 1-205-879-2447, or you can fill out a contact form and we will get in touch with you quickly.
We look forward to helping you in any way we can.
Thanks for reading, and have a great day!