Legal Question in Credit and Debt Law in California
Debt not mine, how do I prove?
An ex-girlfriend was babysitting my kids for the summer, so she joined a gym (in california) and added my name as a member, so I could pick up the kids there if needed, I have never stepped foot in the gym and now it went to collections for the debt, they call my phone and I tell them its not my debt and they call me a liar...prove it...this needs to be paid and we are going to sue you! Please help! the gym faxed me the contract and it was signed by her, not me and she didnt use my info to get the account so I dont understand why it my problem now?!
2 Answers from Attorneys
Re: Debt not mine, how do I prove?
They are trying to bully you into paying this. Send them a letter asking for verification that it is your debt. See what they do. If they cannot provide it, write to them and tell them not to contact you anymore.
Re: Debt not mine, how do I prove?
If you never agreed to pay them any money, you don't owe them any money. You don't have to prove that you DON'T owe the money. They have to prove that you DO owe the money. Politely explain that, if they refer it to a collection company or otherwise cause any derrogatory remark to be placed on your credit report, they will have committed a blatant violation of the Fair Debt Collection Practices Act and that you will quickly pursue available rememdies.
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