Can an Attorney Help Dispute a Debt?

If you’re in debt, the incessant calls and reminders from debt collectors and collection agencies can be all-consuming. If you’re fortunate, the creditor will accept a small payment plan or agree to settle for less than the total amount you owe.

But it’s not always that simple or straightforward. A bill collector may try to collect more than you owe. Or, they may sell your debt to another collection agency. This can cause the balance to double or even triple and make it harder to track who actually owns the account. You might even start receiving calls about debts you’ve already paid or debts that don’t belong to you at all.

In some cases, the creditor may file a debt collection lawsuit and demand you pay attorney fees.

Whether you’ve racked up credit card debt, are the victim of identity theft, or are facing collection efforts for any reason, you must know how to dispute a debt. This article discusses issues you may encounter when disputing a debt. It will also prep you with the information you’ll need when meeting with a debt collection lawyer.

Depending on your situation and the extent of your debt, an attorney’s help can be crucial. They can review your situation, explain your options, and help stop improper collection efforts. This can save you time, money, and a significant hit to your credit.

Can’t I Just Tell the Debt Collector To Stop?

When a debt collector contacts you, you can tell them the debt isn’t valid. But that rarely stops the collection activity. You usually must take extra steps to resolve the issue.

If you don’t report the fraudulent debt, the credit reporting agencies will continue to negatively impact your credit report. This means your credit score will continue to plummet, affecting your ability to get a loan, buy a home or car, or even get a job.

Why You May Need a Consumer Law Attorney To Help

If a bill collector is contacting you about a debt that you don’t believe you owe, there are specific steps you must take. While the law allows you to dispute a debt on your own, it may be beneficial to seek legal advice from a debt collection attorney.

Before your lawyer can help you, they must know your situation and why you’re disputing the debt. There are many reasons you may do this, including:

• The amount the debt collector says you owe is much higher than the actual balance
• You never had an account with the original creditor
• A debt collector is trying to pursue a debt after the statute of limitations period has passed
• A collection agency threatens to take legal action or claims it already has a default judgment against you
• A creditor has placed a garnishment on your wages or bank account
• A bill collector has violated the Fair Debt Collection Practices Act (FDCPA)
• You are the victim of an online scam
• Someone stole your identity, using your Social Security Number to open a credit card or take out a loan
• The debt collection company refuses to disclose the type of debt it is collecting
• A debt collection agency is trying to collect a debt you have already paid
• You co-signed for a student loan or kind of debt, and think the borrower should pay the debt

Sometimes, you aren’t disputing a debt but want to work out a payment arrangement with the creditor. For example, you may be on a fixed or low income and can’t afford to pay your medical bills in full. Maybe you’ve exhausted all the self-help resources online and can’t fix the problem.

Regardless of why you contact a lawyer for legal services, they’ll need specific information from you in your consultation.

Information Your Attorney Will Need To Dispute a Debt

At your first meeting with your attorney, you should already have prepared the basic information they’ll need. Once your lawyer reviews this information, they’ll contact the original creditor (or collection agency) and let them know they represent you.

Depending on why you’re disputing the debt, your attorney will need some background information. This includes the following:

Information About You

• Name 
• Former name(s) 
• Address, including county
• Length of time at that address (in years)
• Previous address(es) from last 10 years 
• Cell/Home/Work telephone numbers
• Fax number 
• E-mail address 
• Web page (if any)
• Occupation and Employer
• Other litigation you are involved in

Information About the Opponent

• Name 
• Name of business, if your opponent is a business
• Legal formation of your opponent’s business (corporation, partnership, sole proprietorship, etc.) 
• Type of business (what they do or what they sell)
• Place of doing business 
• Address, including county 
• Telephone numbers 
• Contact person at the opponent
• Other officers or officials of the business: 
• Any other litigation your opponent is involved in that you’re aware of
• Annual sales or income

Information About the Incident

• Description of the incident
• The amount of monetary damages you have suffered
• How much you have budgeted for if you have to sue
• Any written documents related to your contracts or agreements with your opponent 
• Any correspondence between you and your opponent
• Explain any claims your opponent may have against you
• The outcome you hope to get from seeing the lawyer. For example, do you simply need someone to stop bothering you about an unfair debt, or do you need to recover money? 

How To Find a Debt Collection Attorney

Using Google or another engine to find a qualified attorney near you for your specific issue can be overwhelming and frustrating. Since state law is relevant, it’s also critical that your attorney is licensed in your state.

FindLaw’s directory of debt collection attorneys simplifies this process. Start by entering your location to find a list of legal advisors in your area. Your search results will also show ratings and contact information. Many attorneys offer free case evaluations.