An answer is a formal legal document that responds to each of the allegations in the complaint. If the debt isn't yours, you should be able to deny most of the allegations in the lawsuit. You should also note somewhere in your answer that the debt is someone else's. Even if you don't owe the debt, you have to answer the lawsuit. Failure to respond to the lawsuit will likely result in a default judgment against you. A default judgment can be difficult (and expensive) to overturn, even if the debt isn't yours. It may also lead to garnishments. Because the consequences of a collection lawsuit are quite serious, you should strongly consider discussing your situation with a consumer lawyer. A consumer lawyer can help you prepare an answer to the lawsuit. Also advise you if you have possible counterclaims against the debt collector for pursuing the wrong person.
On of the most frequent consumer complaints received by the Consumer Financial Protection Bureau are annoying collection calls for someone else. It's unclear whether these collectors are intentionally pursuing the wrong person or that they've made a mistake. But if you're getting calls or letters from a collector for someone else's debt, you probably don't care why it's happening, you just want the collection attempts to stop. Here are some suggestions to stop collection calls for someone else. If a debt collector is calling or writing you about a debt that you don't owe, the first thing you should do is tell them very clearly that they have the wrong person and that this is someone else's debt. Be polite but firm. The collector may ask you to confirm the last four digits of your social security number or a similar personal identifier.
Take a look at this post for more information about how to dispute incorrect information on your credit report. If you've told the debt collector that you are not the right person and continue to get collection calls for someone else, it's time to talk to a consumer rights attorney to discuss the situation in more detail. In addition to helping you stop the collection attempts, a consumer attorney can advise you whether you have any claims under the Fair Debt Collection Practices Act against the debt collector. If the debt doesn't belong to you, you've told the collector that, and the collector still keeps calling, it deserves to get sued under the FDCPA and be held accountable for harassing an innocent consumer. If you get served with a collection lawsuit for someone else's debt, you need to take additional steps. You should do everything suggested above, but you also have to submit an answer to the lawsuit. In Minnesota, the answer must be submitted within 20 days.
You should also keep detailed records of any additional collection attempts after you've notified the collector that the debt isn't yours. Keep track of the time, dates, and duration of any additional calls and save any voice messages. If you think the calls are robocalls, make a note of that and why you think so. Also, keep copies of any letters or other documents that they send you. It's also a good idea to check your credit reports to make sure the other person's debt isn't listed on your reports. Use Annual Credit Report to get free copies of your credit reports from the three major credit reporting agencies. Once you have the reports, make sure that the other person's account isn't showing up on your credit report. If it is, you should send a dispute letter to each of the credit bureaus incorrectly reporting that account.
While it may be unwise to give the collector your full social security number, there probably isn't too much risk in giving them the last four digits to confirm that the debt isn't yours. The collector may ask you if you know the actual account-holder and how to reach them. While you're under no obligation to do so, you may consider passing along the other person's information if you know it. In addition to verbally telling the collector that it is someone else's debt, you may consider sending a follow-up letter confirming what you told them. Identify yourself in the letter and then write something like: "you called me on this date at this number. I am not the person who owes this debt. Please stop contacting me." If you know any details about the account in question, include a reference to those in your letter to be sure the collector can properly identify the account. Send this letter certified mail with a return receipt and keep a copy of the letter and receipt for your records.
legal advice debt collection
This is obviously a post from an attorney or someone who has no idea what attorneys are. Everyone who hires an attorney is considered to be an idiot by the court. All "debt" is fraudulent. Most collectors have no right to collect a debt. I have made a lot of collections go away by merely demanding the collector provide the document that made him hte "holder in due course". Short of that, I will take him to court for damages. They almost always run away and remove any marks that made against one's credit report disappear.
Why would anyone give information about anyone else if he had it to a debt collector who has no right to collect a debt. This is how it works. Let's say you have a credit card. You stop paying hte credit card, because of a financial situation. In 6 to 9 months, the bank that you got the CC with is going to discharge the debt. A discharged debt is a debt that no longer exists. If the debt no longer exists, it cannot be collected.
What happens then is companies who make revenue based on people's ignorance will start contacting those whose "debt" was discharged in the hopes of suckering said "debtor" into sending the debt collector "money". The biggest issue with this is anyone can claim you owe the debt. So one debt collector can get paid and another one come along to collect hte debt and can actually take you to court and win a case against you or a so call debt that you already paid another collector for.
But what is debt? According to Black's Law Dictionary it is;
But then we have to see what money is.
Do you see that? A Federal Reserve Note is NOT money. Combine this with Article 1, Section 10, clause 1 on The Constitution for the United States of America which says,
So the only legal tender there is is gold and silver coin or the paper representation of said coins in the form of certificates backed by said gold or silver coin.
If anyone thinks he has to hire any attorney, first thing to do is read why you should NOT EVER hire and attorney.
M. R. Hamilton