Advice on Filing Proof of Debt

Repeated phone calls make dealing with a debt collector very stressful, and usually all the collector wants to hear is that you'll pay your bill immediately. It's tempting to give in and just pay the bill to stop the collector from calling. But don't be intimidated. If you legitimately don't owe the debt that is being collected, stand up for yourself, state your case by filing proof of debt, and you'll have a better chance of resolving your debt.

Know Your Rights

Your first communication with a debt collector is usually by telephone. He must tell you that the purpose of the call is to collect a debt. You have the right to know the amount of the debt, the creditor's name, and that you have 30 days to dispute the debt or any part of the debt, or the collector will assume that your debt is valid. According to the Fair Debt Collection Practices Act, if the debt collector doesn't give you this information by phone, a written copy must be sent to you within five days of the first call.

Send Proof of Debt Letter

Once you receive verification, send your proof of debt letter. Include the date, the name of the company that is asking for payment, and your account number. Explain why you're disputing the stated amount. You may be a victim of identity theft, merchandise you ordered was never delivered, services were never received, or you have already paid the debt. Each state has a statue of limitations that give a time limit for debt collectors to collect disputed debts, and some collectors try to collect after the deadline. Attach supporting documents such as receipts, payments you've made, or a police report to your letter. Ask the debt collector to notify the three main credit bureaus, Experian, TransUnion, and Equifax, that you are disputing the debt, and to delete any documentation or charges relating to the debt. Put in your last paragraph that other than verification of your debt, you do not wish to be contacted again.

Make Copies

Send your proof of debt letter by certified mail, with return receipt requested, so you know that the debt collector received your letter. Mail the original copy to the debt collector, and keep a copy for your records with the return receipt attached.