Disputing a debt with a debt collector

Asked 7 months ago - New York, NY

Can I dispute a debt with a debt collector ( buyer) even though the debt is belongs to me but to the original creditor ? and how to make them prove that they legally own the debt ? not sure if the statue of limitation has expired ,the last payment was the beginning of 2009 I guess

Additional information

Should I mail them back or just wait till the statue of limitation has passed and then it will fall off ?

Attorney answers (5)

  1. Adam S. Alexander

    Contributor Level 12

    5

    Lawyers agree

    Answered . It sounds like you received a dunning letter. Ms. Adams is correct, you should immediately send a validation letter by certified mail to the debt collector. If this is a junk debt (where the debt collector purchases the debt from the original for pennies on the dollar), you potentially have multiple defenses. I suggest you also show the dunning letter to an experienced consumer protection lawyer in your area and discuss your options. You can find a good lawyer at www.naca.net

  2. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . You are entitled to proof of the debt. They probably would have said that in their first letter.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  3. Michael Anthony Cataldo

    Contributor Level 12

    4

    Lawyers agree

    Answered . collection letters can last for months before escalating. If you are beyond the statute in ny I would address it now and get it over with. However, if not beyond the NY statute I would let it ride

  4. David Michael Kasell

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . You must dispute the debt within a certain amount of time. You are entitled to vwrification of the debt at any time but they can bring suit, too. Many debt collectors do not have good documentation of the obligation and may not be able to prove that you owe the money but you need to dispute the obligation to get proof that you owe it (or not).

    The information contained in this posting is for general information purposes only and does not constitute legal... more
  5. Christine B. Adams

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Send the debt collector a letter disputing it within 30 days of the debt collector’s initial contact with you. After the debt collector receives your letter of dispute letter, he must either provide you with written proof of the debt or cease all communications with you. Although a debt collector is not required to respond within a specific period of time, you should expect that the response will be timely. After all, the debt collector wants to get debt payback from you as quickly as possible

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