If a collector failed to validate a debt and has now filed a complaint in court, what do I do?

They notified me of the debt they claim was unpaid since almost 3 years. I responded asking for validation and they sent an altered document (many items blacked out) and demanded payment. I told them their figured didn’t add up to any figures on the paper and that the document they sent didn’t pertain to me (my name wasn’t on it anywhere.) Now they have served me with a summons and I don’t know what to do.

Asked on December 16, 2011 under Bankruptcy Law, Idaho

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have been served with a summons and complaint, you obviously have been named in a legal dispute. In order to prevent a default and default judgment against you, an answer with affirmative defenses needs to be timely served upon the plaintiff's attorney and filed with the court.

I suggest that you consult with an attorney who practices debt collection law about the situation you have written about. You need to be aware that the third party debt collection company may be engaging in an unfair debt collection practice by claiming that you owe the debt where you do not.


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