Does a collection agency have a right to refuse to send you written proof of a debt collection

Asked 8 months ago - Bellingham, WA

I have been contacted by a supposed collection agency to pay off a debt I owe but they refuse to send me written confirmation of the original debt amount and are threatening to sue me if I don't pay. I checked my credit report and it lists a different collection agency as the one who owns my debt. I have been paying them for about 5 months and they refuse to send me anything in writing. I closed my checking account and stopped payment on the ACH debit I had authorized now they are threatening to have me arrested for fraud. I think they are the ones that are committing fraud.

Attorney answers (2)

  1. Tim L Eblen

    Contributor Level 13

    4

    Lawyers agree

    Answered . If a collection agency is threatening to "have you arrested" for fraud, and they have never sent you anything in writing, then I would ignore them and consider it a scam. I would ask for their address so that you can send a written record of your concerns; if they are a scam then they will likely not provide you an address.

    Best of luck,
    Tim L. Eblen
    www.eblenfreed.com

  2. Matthew Scott Berkus

    Contributor Level 20

    2

    Lawyers agree

    Answered . Other issues aside, it depends on what you asked for. If you request validation, they do have to send you something in writing stating the amount of the debt and the name and address of the original creditor. However, outside of court, they are not required to "prove" to you the debt by supplying the original contract, something you signed, or even an account statement.

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