Can I Be Sued by Debt Collectors Before Debt Has Been Verified?Consumers who are skeptical about debt they are being sued for should have it verified before taking additional steps to get that debt resolved.  Since creditors are known to sell debt accounts to collection agencies it is possible to find errors in account data.  Such errors may lead to the agency trying to collect on debt that has already been paid, an incorrect amount of debt listed on the account or debt that belongs to another consumer other than the party they are looking to collect from.

It’s common for the collection process to lead to a lawsuit against a debtor when the account in questions hasn’t been verified. Consumers can request to have information be verified by the collector making attempts to collect by submitting a request in writing. The debt collector should be able to provide proof that the debt is in fact yours.  Keep in mind, some may not be able to provide information upon request and may continue their attempts to collect.

If the debt is proven to be yours then collection efforts will continue unless you decide on an agreement. If debt verification isn’t requested by the consumer the debt collector may not offer the option upfront. You have about 30 days to review information forwarded to you about the debt. If they continue with their lawsuit, they should be able to provide proof the debt is yours, not just to you but also to the judge. If they are unable to prove it is yours, they will have a tough time trying to win their claim in court.

Consult a bankruptcy attorney today