Do I have to pay a debt collector if they can not provide proof of debt?

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A debt collector is attempting to collect a debt from 02/20/2015 for a company that is no longer in business. I have asked for proof of debt (detailed statement) from the collection agency but they state the company can no longer provide any details about the debt I owe other than the company I owe money to, the amount and the date of referral. Am I obligated to pay the debt if they can't provide any proof?

Attorney Answers

2
Kimberly Bishop ·
I recommend you seek counsel from a licensed debt settlement attorney in your area. If they truly have no proof, they would in the end not be able to win a court case against you. However, they can cause you a great deal of headaches until it gets to that point.
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Michael Curry ·
You certainly do not HAVE to pay the debt to the collection agency, especially if they can provide no proof. Their next step is to bring a lawsuit, where they will still have to provide proof to the court and you can dispute it. But keep in mind if you DO owe the debt, it will have to be paid or satisfied or discharged sometime. I suggest you discuss this with a good debtor’s rights attorney in your area. She or he can discuss your options. You can find one through or your county bar association. Your state bar association website may have a “Find a Lawyer” option on their page. Depending on the debt you still owe in this matter as well as other debts you owe altogether, you may want to consider filing a bankruptcy to eliminate this debt once and for all. I wish you the best of luck! I hope you found this answer helpful! If you did find this information useful, please mark this answer as “Helpful” – this helps attorneys know their advice is effective and practical and helps our practice.
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