Help with debt collectors trying to get money for a bill that is not mine.

January 28, 2008 11:03 AM

Debt collectors are calling about a bill from 6-7 years ago. The bill actually belongs to my father whom I have redirected their inquiries. They keep calling and the billing information they gave to me is my fathers old address but for some reason they have my social security number attached to the bill.

This is definitely not my bill, I have never purchased any service from this company nor do I use it in the home I have lived in for the last 7 years (they are a satellite company). I think my dad might have used my name/social security number as billing information when he was going through a very depressing loss of his business.... I'm extremely torn between just paying the bill (around 600 dollars), and clearing my name (which is also his name....) OR going through the hassle of dealing with these people calling me 4-5 times a week leaving messages, etc. My wife is freaking out about debt collectors and our credit (because she is an accountant type for the government and doesn't want this problem to come back to haunt us later) I just want to make this clear to everyone though this is not my bill!!! ARGH!!!!! Please help me decide what to do before I go all psycho on my dad.

posted by anonymous to human relations (11 comments total)

You should seek advice from a local agency that helps with credit issues. I'm sure there is one. If you are in the USA, the state Attorney General's office should be able to give you helpful information also.

Of course I don't know where you are, but I'm pretty sure that just about everywhere collection agency to keep calling you once you've told them they have the wrong person. Here's what I would do: When they call, ask for their licence/registration number (both for the collection agency and for the individual collection agent). Then tell them that they have the wrong person and if they call you again, you will make a complaint to the appropriate agency (e.g. the state AG). You'll need to do a bit of research to adapt this advice to your jurisdiction.

Paying the bill DOES NOT clear your name. By paying the bill, you are admitting that it was your liability and it will remain on your credit report for years. You clear your name by telling them that they have the wrong person. You don't need to help them find the right person.
posted by winston at 11:43 AM on January 28

but I'm pretty sure that just about everywhere collection agency to keep calling you once you've told them they have the wrong person

That should be that "I'm sure that, just about everywhere, it's illegal for the collection agency to..."
posted by winston at 11:44 AM on January 28

In some states, the statute of limitations on a debt that old may have already expired.

The worst thing for your credit report is to pay this bill, as winston says.
posted by grouse at 12:00 PM on January 28

Read this.

Some excerpts:

Can you stop a debt collector from contacting you?

You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

May a debt collector continue to contact you if you believe you do not owe money?

A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

What can you do if you believe a debt collector violated the law?

You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth, whichever is less.
Where can you report a debt collector for an alleged violation?

Report any problems you have with a debt collector to your state Attorney General' s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General' s office can help you determine your rights.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
posted by ND¢ at 12:01 PM on January 28

You can make the debt collectors stop calling you, but it will be harder to get this off your record without paying it. You might have to tell them your dad committed identity theft.
posted by thirteenkiller at 1:03 PM on January 28

it will be harder to get this off your record without paying it

No, that's exactly backwards. The debt will stop showing up on your credit report seven years after the last activity on the account. Sounds like that will be soon. Unless you pay it off; then it will be another seven years.
posted by grouse at 1:24 PM on January 28

Okie dokie then.
posted by thirteenkiller at 1:28 PM on January 28

Also be sure to dispute this if it shows up on your credit report.
posted by oaf at 3:23 PM on January 28

Don't pay it. Insist that the debt doesn't belong to you. And if they ding your credit, fight it.
I am not a lawyer.
posted by kidbritish at 3:53 PM on January 28

You need to send them a letter asking them to A) prove the debt belongs to you and is a legitimate debt ("validation") B) prove that they're licensed to collect debts in your state, and C) prove that they actually own the debt they're trying to collect on. Check the statute of limitations for debts in your state--it's very likely that this debt could be expired, in which case tell them that. You can find excellent sample letters at creditboards.com. In this letter, also state that you refuse to speak to them over the phone and wish their further communications with you must be through the mail. By law, they must comply. Send it registered mail with a return receipt. You might want to write "payment enclosed!" and some expletives on the outside of the envelope to ensure that they accept it when it's delivered.

If they call again, the first thing you should say is "this call is being recorded" even if it's not. Let them know you mean business and won't put up with illegal shenanigans. Ask the caller their name, supervisor's name, company name. Chances are good that a sketchy agency will just hang up and not call again. If they do stay on the line, tell them you've informed them to stop calling you and will be alerting your state attorney general. Then immediately end the call.

This should be enough to get them to stop calling. Be sure to check your credit report and dispute it, if it shows up.
posted by almostmanda at 7:17 AM on January 29

All it takes to stop debt collection calls is a certified letter with return receipt requested.

In the letter, tell them to stop calling you. Tell them they do not have your permission to contact any third party.

Then write the certification number on the letter itself just before you seal it up and send it away.

This will cost a few bucks, but if they keep calling after that and you have a return receipt showing that they got the notice, you could sue them and they know it, so they usually stop.

If, however they are particularly abusive and recalcitrant then keep a record of each call and start building a case.
posted by cbvance at 2:04 PM on February 13