Tampa Student Loan and Bankruptcy Attorney Blog — December 11, 2023
What should you do if you are being harassed for a debt that you did not sign for? Here are some ideas:
- If you acted as a power of attorney (POA) for another, the creditor is likely violating several consumer statutes for unlawfully collecting a debt against you. We can help with that!
- Most identify theft cases stem from a family member. Depending upon the circumstances, you may want to file a police report, and send a copy of it to the creditor.
- You’ll also want to complete a FTC identity theft affidavit and serve of copy of that along with the police report on the creditor. Send by certified mail and keep the tracking number.
- Reach out to a consumer lawyer like us, and consider an FDCPA and FCCPA (in Florida) lawsuit — you can sue them if they continue to engage in collection of a debt that is not yours.
- As part of the lawsuits you file against the creditor, you can ask for a declaratory judgment from the Judge. Then you’ll have a court order that declares the rights and responsibilities of the parties – something to show others that you do not owe the debt. Often, attorneys fees are paid for you, or reimbursed to you following a FDCPA, FCCPA lawsuit.
- Check your credit reports — if this debt is on there, and it’s not yours, after a dispute is filed, an action under the Fair Credit Reporting Act (FCRA) is also possible, including payment of attorney’s fees.
This is how to aggressively address a creditor who is coming after you for a debt that you do not owe. Get on the offensive, stop being on the defensive. This is how to get the debt resolved, off your credit and to stop the phone calls. It often will result in money in your pocket, plus your attorney’s fees being paid by the other side.
If you’d like help, please reach out to us for a free consultation, and to see if we can handle this for you.
