Credit card debt has affected many Ohio residents, and a common concern is whether proof of the debt can be requested. According to the Fair Debt Collection Practices Act, consumers have the legal right to request verification provided that the request is made within 30 days of receiving the notice. If a letter disputing the debt is sent, the collection agency must halt their collection efforts until they provide the verification the consumer requested.

Once the 30 days have passed, the collector may continue to pursue collection activities. However, consumers have to the legal right to request that collectors stop calling by sending a request in writing. Debt collectors have the option of dropping the claim to the debt or filing suit. After a suit is filed and a judge rules in a creditors favor, it collector can seize the assets and wages of the consumer. This also has a bad effect on the consumer’s credit score.

Most experts recommend that people in these circumstances negotiate with the collector. When a collector seeks a judgment, they must be able to prove the validity of the debt. The consumer does have the legal right to go to court to dispute the debt. If proof showing what can or cannot be paid is offered to the court, many courts will require low payment amounts.

Credit card-related debt can be a major factor in a person’s decision to file for bankruptcy. A person who has filed for bankruptcy protections may be sheltered from harassment from creditors. In addition, depending on the type of bankruptcy, the consumer might be able to discharge the debt, or the payment schedule may be restructured. An attorney who is familiar with the process could help a person dealing with debt understand the benefits of filing.

Source: FOX Business, “Can I Request Proof of Credit Card Debt?”, Jeanine Skowronski, August 20, 2014

Source: FOX Business, “Can I Request Proof of Credit Card Debt?”, Jeanine Skowronski, August 20, 2014