Wrongful Debt Pursuit

"Hey, I don't owe that!"

About Wrongful Debt

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Many times, people are disturbed to find out that they are being sued to collect on a debt in which they were never actually responsible.

Collectors will try to pressure you into paying, even claiming that just paying them off is the easiest solution.

However, if you did not legally acquire this debt, these collection attempts against you are not only morally wrong, but illegal!

This is why it is important to know your rights on wrongful debt pursuit, because if it isn't really your debt, you shouldn't have to pay for it.

What Is Wrongful Debt Pursuit?

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When a collection agency beings making attempts to contact you on a debt that you do not owe, this is that basis for wrongful debt pursuit.

During this contact attempt, the agency is required to identify its self, declare which debt is being pursued, and the amount in which is trying to be collected.

It is important that you request a verification of the debt, which must be done in writing. It is a good idea to retain a copy of your request, and verify that the collector or collection agency received the letter through use of delivery confirmation just to have good records of the request.

If after you have contacted the collector about the debt, and you are then unable to get satisfactory proof that the debt is valid nor that the original agreement can be verified, then the debit is invalid, and you should advise the collector or collection agency to stop attempting to make contact with you.

During this contact if you have proven that you do not owe this debt, yet the collector reports the debt to the credit reporting agency any, you are able to sue the collection agency for wrongful debt pursuit or collection.

Deceptive Collection Practices are illegal, and you can sue!

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The FDCPA, ( FAIR DEBT COLLECTION PRACTICES ACT ), protects you from deceptive collection practices, and LDKLAWPC is here to protect you!

These are the things debt collectors might try, but are not allowed:

  • A debt collector can NOT lie about the amount of the debt.
  • The debt collector can NOT claim they will sue you for a debt where the statue of limitations for collecting it has expired

Debt Collectors can NOT collect on a debt that does not meet this criteria.

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  • Debt Collectors must have proof of its origin of the debt.
  • Debt Collectors must almost know the exact amount of the debt.
  • Debt Collectors must have records of past payment history.
  • Debt Collectors must also have the original agreement showing that you are the responsible party for the debt.