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Question By
jaty99

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the collection agency said I made a payment 2 years ago and I did not. Can they do this?
They were rude and said I made a payment in which I did not. I told them the account had not ben paid since 2008. How can they make up bogus payment information?

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Write a letter to them demanding proof (just goolge debt validation letter and get tempates):

1) that they own the debt (most of the time 3rd party creditors can't prove this)

2) they prove what they are saying (ny providing a copy of a check or other payment method

3) other things in template

By law they must respond to you. If they don't or you're not satified with their response then submit a complaint to these folks - they are the federal body that regulates creditors and forces them to obey the law:

http://www.consumerfinance.gov/complaint/

Under NO circumstances do you admit that the debt is yours (verbally or in writing) and avoid ALL verbal communications.

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Can a third party collection sue you for a bad debt they purchased?

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Reply by
mbacan

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Yes, they can but they typically won't. Here are things that impact whether or not they sue:

1) Most 3rd parties cannot prove the debt is yours - they purchase a lot of debt at same the time and don't take the time to obtain records that would provide the debt is yours.

2) They can only legally collect if the debt is less than 7 years old (that it the date of last activity (last payment, last agreement, or official default date). Doing either of these things will re-set the 7 year clock - so be VERY careful. They can still try and it's up to you to respond to court orders to dispute based on statute of limitations)

Don't respond to creditor threats - they want to talk to you or have communications with you, that's the only way they can collect. Only respond to court papers (if it goes this far)

3) It costs money to sue, so they typicllay will if they have the above (and many try to sue even if they don't have proof becasue people don't know to ask for proof) and have other caes they can bring to court at the same time.

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