“Dear Steve,
Asset Acceptance LLC called me recently and said they were collecting on an old Bank of America debt. They told me it was from a period of time when I lived in California (1993-1994). I told them I did not believe I owed this debt and to please send me a statement or signature verifying it belongs to me. They sent me a Bank of America account number but that’s all. When I spoke to them, I was told they were not required to provide any further proof.
If I were sure the debt were mine, I would pay it but I don’t believe that’s the case. Any advice?
Terri”
The Answer:
Dear Terri,
Yea, that’s not really good enough. In order to protect your rights, make sure you send your request for proof the debt is yours in writing to Asset Acceptance and send it via some traceable means like UPS, FedEx, or certified and return receipt requested.
Ask them for proof of the debt they claim is yours. Ask them for a written contract with your signature on it and statements showing what the debt is for.
If you don’t get this letter to the collector within 30 days from the time the collector contacted you they may proceed as if this is a valid debt.
According to the Fair Debt Collections Practices Act:
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.