What to do if I’m getting calls from a debt collector for a loan that I never took out?

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What to do if I’m getting calls from a debt collector for a loan that I never took out?

I am getting calls from some people in CA saying that I owe a past due internet loan from 2 years ago. They claim they are going to garnish my paycheck if I don’t pay. I asked for the information on the debt but they wouldn’t give it to me. I asked for their name and address and they hung up. When I asked for the address I got a name and a law firm. What do I do? I don’t want anyone stealing my money. Inever took out a loan on the internet; I know better.

Asked on August 29, 2011 Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This sounds like a scam.  The next time you receive a phone call from this outfit, tell them you will sue them for fraud if you ever hear from them again. 

You can contact the VA Attorney General's office, consumer fraud division about this matter.  Most likely, the name and law firm address are fake.

No wage garnishment can occur unless they were to get a court judgment against you.  You would have to be served with a lawsuit (summons and complaint).  The complaint is the lawsuit.  You would need to file an answer to the complaint with the court and serve it by mail on the opposing party or the opposing party's attorney.  The answer to the complaint denies the allegations in the complaint. You would want to file an answer and cross-complaint.  The cross-complaint is your countersuit for fraud.  The case would continue through litigation for sometime before there would be any court judgment.  Again, until there is a court judgment against you, there won't be any wage garnishment.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are receiving harassing and vague calls from an alleged third party debt collection company that refuses to give you the requested information concerning the allged debt that you owe that you know nothing about, you may be dealing with a "fraudulent collection" situation or an unfair debt collection practice by a third party debt collection company.

Under federal law as well as the laws of most states in this country, there are laws prohibiting unfair debt collection practices.

You should contact your local law enforement and/or district attorney's office about this situation in that you may have been in contact with an illegal and fraudulent operation preying upon individuals who owe no obligations at all.

It makes no sense for an alleged reputable debt collection company to call a person asking for payment on a debt but refuse to provide the alleged debtor with the basis for the claim.

Good luck.


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