     Gary Goodwin (Garysan) | Friday, February 09, 2001 - 07:27 pm 
Five months ago a collection agency letter came to an address that I lived at almost 10 years ago. My parents who still live there gave me the letter since my name was on it. The CA incorrectly spelled the street name but the post office managed to deliver it anyway. To be safe I read postings from this board and sent a desist letter stating its not my debt, prove it, and don't contact me. I had managed to pull together some additional info by contacting the creditor listed and found out the debt belonged to someone with the same name but a different address and different social security number. It looked like the account had even been paid. I put that info in the letter also but I didn't provide any additional personal detail such as my current address or my SS#. I never received a response from the CA. Well fast forward to now and a law firm has sent another letter to the same address as the original saying they represent the latest owner of the debt and want re-payment. I checked my CR's 5 months ago and no such account showed up. I have checked Experian and Equifax in the last few days and still no info about this debt has been placed in my record. The amount listed is almost $2000. How should I approach this latest attempt? |
| Shylock (Shylock) | Saturday, February 10, 2001 - 07:45 am
Send them a letter indicating that the debt is not yours, that even if it were yours the statute of limitations is well past, that you've already instructed the company not to contact you regarding the matter, that the law firm is violating the Fair Debt Collection Practices Act by contacting you, that you instruct the law firm not to contact you regarding the matter and that they should consider such instructions to be transmitted to their heirs, successors, agents and assigns. |
| Gary Goodwin (Garysan) | Saturday, February 10, 2001 - 03:47 pm
Thanks Shylock for your response. I am curious about your comment on SOL expiration. I did not realize that the SOL had any bearing on how long ago I lived at an address. I thought the SOL was only related to the period beginning when a debt went into default. Since the debt is not mine I have no idea when the debt went in default so it could very well have been many years ago! |
| Shylock (Shylock) | Saturday, February 10, 2001 - 05:23 pm
I'm just guessing that the statute of limitations has passed, but it's good to put in the letter.
Really you have two choices: A) You can tell them to stop contacing you or B) You can request more information. What I recommended above was standard A) f-off-and-die response.
If you're more interested in B) response you could write them something like this:
Dear Attorney:
Thank you for contacting me regarding this potential debt. I have no records of or personal recollection of the debt.
Please provide me proof of the debt. Please be aware that bills issued by a company will not be considered proof of a debt. Only copies a signed promissory note will suffice. You should include the front and back of the note and any allonge that may accompany it. A notary's statement and jurat would also be helpful.
Please also document the entire payment history, first date of delinquency and all other relevant facts regarding this account.
Sincerely,
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Chances are excellent that they don't have any such promissory note. |
