How should I proceed if afirm which buys junk debts is coming after me for a debt I do not recognize?

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How should I proceed if afirm which buys junk debts is coming after me for a debt I do not recognize?

I dispute the validity of this debt and the firm is threatening to sue for far more than the original balance. Should I pay them the amount they require to stop further collection, and then dispute, or should I take my chances in court? I can find no record in my credit reports of owing this company any money, no inquiries, etc., but they have quite a bit of personal information about me. They are threatening to sue me for passing bad checks and intent to defraud a lending institution.

Asked on January 4, 2012 under Bankruptcy Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to be aware that there are quite a few fraudulent debt collection companies preying upon consumers these days. In order to ascertain if this company  is a valid third party debt collection company that has purchased some debt that you are obligated under, I would first do the following:

1. write the company a letter seeking a copy of all documents showing an assignment of the debt that it is calling you about.

2. ask for copies of all documents showing that you are obligated upon the claimed debt.

Until you receive such information, you cannot be expected to make a valid decision on the debt owed as to pay it or not. Do not give the third party debt collection company's representative any personal information about you. Keep a copy of all communication sent to this company for future need and reference.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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