How to Deny a Debt in Court

Occasionally a company hired to collect a debt will have incorrect or incomplete information about the debtor. This can result in the wrong individual being pursued for the debt. If a debt collector files a lawsuit against you for a debt you did not accrue, you must take steps to create a paper trail proving the debt is not yours and appear in court to officially deny the debt. If you do nothing, this will result in a default judgment being levied against you for a debt you do not owe (See References 1).

Instructions

1

Respond to the court summons within the specified time frame. State within your response that the debt is not yours and you intend to appear in court. In many cases, a statement that you intend to appear and defend yourself will result in the lawsuit being dropped.

2

Dispute the debt in writing within 30 days of receiving the court summons notifying you of the debt's existence. Request proof that the debt belongs to you and the name and contact information of the original creditor. The Fair Debt Collection Practices Act states that the collector is required to provide you with this information (See References 2).

3

Mail the request via certified mail and keep the return receipt. Also keep a copy of your dispute letter to the collection agency.

4

Wait for a response from the collection agency. You will most likely receive a printout of your name and the amount you supposedly owe along with the name of the original creditor. Make copies of everything the collection agency sends to you.

5

Telephone the company that the collection agency claims is the original creditor for the account. Explain the situation and ask for a statement in writing that you were never a customer there. Demonstrating to the court that you were never a customer will prove that you could not have accrued the debt.

6

Appear in court. Explain to the judge that the debt is not yours, and that you never had an account with the original creditor.

7

Provide the judge with the written statement that you never held an account with the original creditor (if you have it) along with your full identification including your Social Security card, date of birth, and a list of your past addresses. The judge will compare this information with the information the collection agency has provided in order to exonerate you.