How Can I Defend a Credit Card Debt that Doesn't Belong to Me?

Full question:

In 2006 I was contacted by an attorney on behalf of a collection agency saying I owed money on an old credit card. I first I started to pay them and then realized it was not mine. I stopped paying them and they said nothing for about 4-5 years. Now they have contacted me again and are going to take me to court to get my company to garnishee any monies paid to me to pay this bill. Pre-paid legal wrote a letter to them stating this is not my bill and it does not show on my credit report, yet they persist and have asked for a court date. I not longer belong to pre-paid legal and wondering what I can do?

• Category: Debts and Credit
• Subcategory: Fair Debt Collection Act
• Date: 04/07/2025
• State: New Mexico

Answer:

It is possible for you to send a letter demanding they validate the debt. Please see the links to the forms below. If you don't dispute it, it could possibly lead to a court judgment and affect your credit negatively. If you are past the time to request validation, then mistaken identity may be raised as a defense in court. The statute of limitations may also be raised. The following is from the Fair debt Collections Practices Act:

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt send the consumer a written notice containing --
(1) the amount of the debt
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

See also:

http://www.bcsalliance.com/y_debt_sol_1.html