How can I defend myself against unjustified demands from a debt collection agency?
August 21, 2022 | 50,00 EUR | answered by Simon Büchner
Dear lawyer,
My name is Andrea Rüppel and I have an urgent matter in the field of civil law. Some time ago, I received a letter from a debt collection agency accusing me of an alleged outstanding debt from an alleged contract. However, I never entered into a contract with the company and I am therefore confused and concerned about this unjustified claim.
I have already tried to contact the debt collection agency by phone to resolve the matter, but they were unwilling to speak with me and insisted that I must pay the amount demanded. I feel powerless and frustrated as I do not know how to defend myself against these unjustified claims.
My question to you as an expert in civil law is therefore: How can I effectively defend myself against the unjustified claims of the debt collection agency? What legal steps can I take to prove my innocence and defend against the unjustified claims? Are there any specific laws or regulations that can help me in this situation?
I am very grateful for your support and advice in this matter, as I am very concerned about my financial stability and am not willing to pay for something I am not responsible for. I hope you can help me find a solution to this problem.
Thank you in advance for your time and assistance.
Sincerely,
Andrea Rüppel
Dear Mrs. Rüppel,
Thank you for your inquiry and your trust in my expertise in the field of civil law. I am sorry to hear that you are faced with unjustified demands from a debt collection agency. I understand your concern and frustration in this situation and would like to provide you with some legal steps you can take to effectively defend yourself against these unjustified claims.
First and foremost, it is important for you to remain calm and not react hastily. It is understandable that you may feel powerless, but it is important for you to know your rights and defend yourself appropriately. You have the right to challenge and dispute the debt collection agency's claim. It is not uncommon for debt collection agencies to try to enforce unjustified claims, and it is important for you to resist.
The first step you should take is to respond in writing to the debt collection agency and dispute the claim. Ask the company to provide you with evidence of the alleged contract and the outstanding debt. Request a detailed breakdown of the debt and any documents that prove the alleged contract. It is important for you to keep all communication in writing and keep copies of all letters and documents.
If the debt collection agency continues to insist on the claim and fails to provide evidence, you may consider taking legal action. You can contact a civil law attorney to defend your rights and initiate legal action against the debt collection agency. An attorney can help clarify the situation, gather evidence, and potentially take legal action to defend against the unjustified claims.
There are also certain laws and regulations that can help you in this situation. For example, the German Civil Code (BGB) provides that a claim is only valid if a valid contract exists and the claim is justified. If you can prove that no contract was concluded or that the claim is unjustified, you can defend yourself against the claim.
Overall, it is important for you to resist the unjustified demands of the debt collection agency in a timely and appropriate manner. Keep a cool head, gather evidence, and consider contacting a lawyer to defend your rights. I hope that this information helps you find a solution to your problem.
I am available to continue supporting you and helping you defend your rights. Please do not hesitate to contact me if you have any further questions or need legal assistance.
Sincerely,
Simon Büchner
Civil Law Attorney
