What if I dispute a debt but they still
come after me?
If you don't agree that you owe a debt, you must first notify
the creditor or collector in writing. In your notice request
copies of any proof that you owe the debt, such as a signed
contract or promissory note.
If the debt is part of an open-ended charge account such
as a credit card, and if you contact the creditor within
60 days of receipt of the bill, then certain rules apply
under the Fair Credit Billing Act that can work to your
advantage.
Issues that do not revolve around a charge account, or those
wherein the 60-day period has expired, the creditor is not
required to forward proof of the debt. Many creditors, however,
will send the proof anyway.
Bear in mind the burden of proof is not yours. The creditor
must prove that the debt is yours, and if you refuse the
pay the debt they will either write the debt off or sue
you in a court of law. Once in court, the creditor must
produce the documentation to prove that you in fact owe
the debt. In the meantime, the creditor will probably damage
your credit rating. This can give you the power to bring
a lawsuit against the creditor for wrongly damaging your
credit even after you informed them that the debt was not
owed.
If you are having a hard time disputing debt on your own, you may consider using debt reduction services or going through a debt consolidation company.
