Ask a Lawyer - Archive

I recently received a phone call from a debt collector stating that I have an unpaid credit card from 1996!! I have no recollection of this credit card; and the credit card company no longer has files on this account. How is this possible?? And if I or the debt collector has no real proof am I required to pay this?

It's not clear if the debt collector bought this debt or is collecting it for someone else, but it probably isn't collecting it for the credit card company you called. In order for the debt collector to obtain a judgment against you, it will have to prove in court that you owe the money. That will take some kind of evidence.

It's often the case that debt collectors or debt buyers buy debts without anything other than the seller's word that the money is owed. Therefore, it's very possible that this collection agency does not have any proof that you owe this money. It just impacts the price that the debt buyer pays for the debt.

If you do not owe the money, then tell the debt collector that you do not owe it and ask that they stop calling you and contact you only in writing. I suggest that you also put that in writing and send it to them.

If they can't prove that you owe them anything, and you don't think that you do, then I wouldn't pay them a dime. Do check your credit report though to make sure this isn't there. Visit Federal Trade Commission (FTC) to learn more.