Debt collection problem question

[YWalker]

I was notified by a lawyer that they think I owe $6000 to a major bank. I’m about 99.99% sure that I don’t owe this money. I think this is coming from 3 possible sources:

I was a victim of identity theft last year but it was caught very early and I don’t think it involved this bank I’ve been watching my credit reports closely and nothing else has shown up.

It might just be a mistake where they got my name wrong.

I had a credit card with this bank but cancelled it 6 years ago and I always paid it off every month.

This debt is not on any of my credit reports which makes me think it’s a mistake and not identity theft or an old account. I am planning on writing the lawyer back and disputing the debt which I think means they have to prove that it’s a real debt and back it up with documents. Do I need to hire a lawyer to make sure that this is handled correctly?

[racer72]

Send a letter certified register with a return receipt. Demand validation of the debt including proof of application. Do not admit to owing the debt. Also, depending on the date the debt was charged off and your state, the statute of limitations may have tolled. You can check here. Keep all corrospondence in writing and everything is sent CRRR. If the debt cannot be proven or the SOL has expired, reply with a cease and desist letter. I can link to some examples if you need one. You should not need a lawyer unless you were to be sued. It would hurt to read up on the Fair Debt Collections and Practices Act. Folks in the debt collection business can get nasty if you don’t know your rights.

[cj_finn]

@YWalker

I was notified by a lawyer that they think I owe $6000 to a major bank. I’m about 99.99% sure that I don’t owe this money. I think this is coming from 3 possible sources:

I was a victim of identity theft last year but it was caught very early and I don’t think it involved this bank I’ve been watching my credit reports closely and nothing else has shown up.

It might just be a mistake where they got my name wrong.

I had a credit card with this bank but cancelled it 6 years ago and I always paid it off every month.

This debt is not on any of my credit reports which makes me think it’s a mistake and not identity theft or an old account. I am planning on writing the lawyer back and disputing the debt which I think means they have to prove that it’s a real debt and back it up with documents. Do I need to hire a lawyer to make sure that this is handled correctly?

YES! Get the information from the other side without making ANY statements one way or the other, i.e. if asked any questions, respond with “just send me the paper work showing that I owe the $6k and we’ll talk later.” Then go over these papers with your attorney. Do not argue with the bill collector and don’t listen to the threats. Just get the papers and go over them with the attorney. This is too much money to screw around.

cj

[TJVM]

Is this the first you’ve heard of it? Under the Fair Debt Collection Practices Act , you can request “verification” of a debt within 30 days after you’re presented with a demand:

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing –

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

I don’t know enough about this area of the law to know what kind of “verification” you usually get. But if it’s an honest mistake on the part of the lawyer (or his client), this might help clear things up.

[Si_Amigo]

Get a lawyer and have him handle all the communications with the collection agency. This happen to mom and she found out that someone in Santa Monica had taken out several loans in her name for over $30K. The local police detectives had her take a hand writing analysis to prove that she hadn’t been the one to sign the papers and her work verified that she had not been in California when the papers whre signed. It was then taken off of her credit reports and she has spotless credit once again.

Good luck. I hope your situation turns out to be this easy to handle. But get a lawyer on it now!

[Random]

@racer72

Also, depending on the date the debt was charged off and your state, the statute of limitations may have tolled.

I agree with most of you post, but this is wrong. Statutes of limitation have nothing to do with when the debt was charged off. Also, “tolled” does not mean what you think it does. The word you’re looking for is run or expired

A SOL that is tolled is not running.