Can a debt collector sue a tenant?
Yes. Within 5 days of the first time the debt collector contacts you, the debt collector must send a written notice about the debt that includes the following information:
- Amount you owe
- Name of creditor
- Information about how you can challenge the debt, and
- Details about how to request written proof the debt exists
The debt collectors must prove that they own the debt when they file a lawsuit.
- Original creditor: Must attach a copy of the original written agreement or contract for the loan between you and the creditor → lease for landlords
- Debt buyer: Proof of the assignment
If the required documents are not attached, you may be able to get your case dismissed.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.