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John
John, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4536
Experience:  Licensed and practicing attorney experienced in consumer protection law.
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Arbitrator just contacted me about a payday loan from 2008.

Customer Question

Arbitrator just contacted me about a payday loan from 2008. Told me they are going to court and will do wage garnishment if I choose not to settle. I think i paid this loan off hence i have no more paper work from. It. They said i ignored correspondence
through email. I cant retrieve emails from that long ago. They wont give me any info on anything until I go to court. What are my rights or options?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that: Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact.
Your best bet in this situation is to make them take you to court if they won't provide the documentation. They very well may not have any and cannot prove any lawsuit against you in any event. These collectors are very shady, so I wouldn't doubt they have no documentation.
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Expert:  John replied 1 year ago.
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