Unfounded debt claims

Sometimes people turn to the Consumer Protection Board for help because they have received an unexpected debt claim from an entrepreneur or a debt collection agency acting on behalf of an entrepreneur. It is definitely reasonable to contest this claim if there is reason to believe that the claim is unfounded or has expired.

In order to contest an unfounded debt claim
  • do not neglect the debt claim or delay dealing with it;
  • keep in mind that contesting is fruitful only if you have not deliberately evaded the debt payment and the company has not sent debt payment notices to you previously, at a reasonable time;
  • remember that the debt claim of regular contracts expires in three years, however the law allows to agree upon a more extensive deadline (up to ten years);
  • the claim expiration date agreement has to be included in the contract;
  • prior to contesting the claim, reread the contract you have signed with the company and make sure that there is basis for you to refer to the expiration of the claim (if you cannot find the contract at home, ask for a copy from the entrepreneur);
  • send a written declaration of opposition to the company (to the debt collection agency, if the claim came through them);
  • remember that after receiving a declaration of opposition, the company is required to provide proof of the debt and also proof of the fact that you have been previously notified of this debt within a reasonable timeframe.
  • React to the debt claim immediately.
  • Make sure that your contestation is founded.