• Consumer Protection Law and Advocacy — Chicago, IL

How to Fight Wrongful Debt Collection

Wrongful debt? Bardo Law can help you deal with credit fraud, wrongful debt and defense.

Debt collection comes in many forms – phone calls, letters, text messages, lawsuits, and lines on your consumer credit report.  Not surprisingly, with today’s mobile society, you may even receive calls or texts intended for someone else and be facing a wrongful debt.

Here are some simple steps to follow

If you are being wrongly harassed for a debt that isn’t yours:

  • Tell the debt collector you are not the debtor
  • Ask the debt collector to send you proof of the debt — when you receive it, you’ll have the debt collector’s business address and/or fax number to send a letter back
  • Send a fax or certified mail letter explaining this is not your debt and all further collection conduct should cease
  • Check your credit report — if the unrecognized account appears, send a dispute letter to Equifax, Experian, and TransUnion via certified mail
  • Send a copy of the credit report dispute letter to the debt collector
  • If this doesn’t work, or if you think you have been the victim of an identity theft, contact an attorney for further assistance

If you are receiving collection calls or text messages on your cell phone:

  • Tell the debt collector you are not the debtor
  • Advise the debt collector that he/she does not have authority to call your cell phone
  • Follow any opt-out instructions on a pre-recorded voice or text message
  • If the calls or texts continue, keep track of who is calling and the dates and times of the calls, and consult an attorney

If you have been served with a debt collection lawsuit:

  • Pay attention to all deadlines on the court papers and act before those deadlines pass
  • Do not ignore a court date even if you speak with the debt collector
  • Call an attorney — if you have been sued on a debt that isn’t yours, the court may order your fees and costs reimbursed
StacyBardo
AUTHOR

StacyBardo

Stacy M. Bardo is a seasoned litigator, with 15 years of experience prosecuting consumer cases in state and federal court. Stacy founded Bardo Law, P.C. to provide effective, zealous legal representation to consumers, while maintaining empathy and compassion for her clients.

All stories by: StacyBardo

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