PostHeaderIcon Dispute a debt before court?

About three months ago I was contacted by creditor, Global Acceptance, for a secondary student loan (not a government loan such as Sallie Mae) and they attempted to collect on a debt that I didn’t have a lot of recollection about. The she offer me a settlement of $2,000 of a $5,000 (and some change) loan. If I HAD $2,000 I wouldn’t be up 5:15 am asking this question. She told me that I was making payments before but stop. I don’t EVER recall making a payment to this company unless it was through Care One the debt consolidation program I was working with but could no longer afford because I wasn’t bringing in any money (still not bringing in any money). She asked if I could send her any form of payment…I told her I will rearrange my budget and see what I can do. She told me she will send me out the payment form letter before it went into the hands of Attorney…Well the next letter that I received was not a repayment letter but a warrant to appear in court to collect a debt.
My question is can I have this disputed before I head to court next month? I do not remember this loan at all…The only loan that I should have from the school that I attended should be my Sallie Mae loan (which is deferred at the time because I have continued my schooling). Can I send the attorney’s office a dispute letter? Global Acceptance a collection company…It doesn’t even say who the original Loan is from!
I’m not trying to cheat the systems. If I had the money to pay the debt I would but I don’t. I do admit going to the school but remember signing for a Sallie Mae loan plus another loan.
What should I do? Any positive feed down will be greatly rewarded!

2 Responses to “Dispute a debt before court?”

  • Chris A says:

    Read the FDCPA. If a collection agency does not identify the original creditor in the dunning letter, they must respond to a debt validation letter, and their ability to collect is circumscribed until they do. Do you have current copies of your credit reports? Does the alleged debt appear on your reports? If so, what is the date of first delinquency? What is the statute of limitations in your state?

    Don’t talk to anyone on the phone unless you can record it (check state law). Conduct all business via certified mail with return receipts. If they start calling again, send a limited cease and desist. Read the PsychDoc transcripts, and make a plan.

  • bdancer222 says:

    Respond to the summons by requesting validation of the loan to include copies of the contract or other document proving the debt is yours. Indicate that you do not recall the debt. I believe you need to send a copy to the lawyer as well as the court.

    Show up in court and bring up your validation request if they lawyer doesn’t provide it before court. Either you’ll win the case because the creditor doesn’t have the signed contracts or you’ll know it’s your debt.

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