What to do if I was sued by a collection agent but have no knowledge of the debt?

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What to do if I was sued by a collection agent but have no knowledge of the debt?

They have filed I refused to settle with seeing proof of debt. Now before trial date, they offer to settle without prejudice and hearing. I want this to go away for good should I ask for dismissal with prejudice and for the money I have spent to fight this?

Asked on January 25, 2011 under Bankruptcy Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

They can not refuse to give you information on the debt.  It is known as validation of the debt.  They have to show you the original instrument that you supposedly executed (like a credit card agreement), a history of the account and they have to prove that they have the right to sue on the original creditor's behalf through an assignment of the debt or a purchase of the debt.   hope that you answered and raised an affirmative defense that this is not your debt (if not ask the court to allow you to amend the answer) and yes, I would ask for dismissal. Maybe they want to settle because they know that something is not right.  Good luck to you.


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