Question:
Collection Agency reporting false debt
Two collections agencies are reporting collection activity against me for
2 different debts, neither of which is mine.
I sent both agencies a certified letter stating that the debt was not
mine, that I had never heard of them and was not their customer, etc., and
insisting they remove it. Both of them responded merely by mailing me a
"statement" with my name and a former address on it. No explanation
whatsoever.
What should I do next? Send another insistant letter and demand they stop
reporting this false debt? Do I need to think about a lawsuit? Small
claims or with an attorney? Any letter writing techniques I can try to
stay out of court if necessary.
The debts are both small ($60 and $100) and I have half a mind to just pay
the debts with a conditional endorsement to remove the report. Or maybe
offer them half as an offer to settle?
Has anybody else had any success in this kind of situation?
Answer:
I am not an attorney and this is not legal advise but is
based on my own experience. First try writing a well-worded letter to
your state attorney general explaining the situation very clearly and
with as much proof as you can that the debts are not yours and advise
them that you have sent cert. notice of that to the agencies. Send a
copy to the collection agencies. Also get a copy of the Fair Debt
Collection Practices Act (it must be on-line somewhere)and find out
exactly what the parameters are for the agencies' conduct and what your
legal rights and responsibilities are. If you feel the agencies are
violating the Act, tell them, citing the relevent part. Your first line
of defense in any valid complaint is awareness of the law and
communicating that to the agency. If that doesn't shake them, and the
atty. general's inquiry doesn't shake them, then you'll have to pay
(contingent on the neg. info being removed from the credit report). This
MAY be done via restrictive endorsement depending on your state's law.
If this were a large sum of money atty. involvement would be wise. I
can't imagine they would dig their heels in too far for $100/60. But
then again, it wouldn't surprise me if they did.
