Disputing Collection through CRA, CA wants proof it's not mine

[Augustlove]

I recently disputed an incorrect Collection on my Credit Report, I disputed it as not mine. Here it is almost three weeks later and I received a letter from the CA stating they want a police report or they will continue to report the inaccurate collection on my report. Isn't the burden of proof on them? I don't have a Police Report, I just know that it is not my collection showing up on my report. What do I do? I'm here in California if that matters as far as the law is concerned.

[Anonymous]

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Augustlove wrote:
I recently disputed an incorrect Collection on my Credit Report, I disputed it as not mine. Here it is almost three weeks later and I received a letter from the CA stating they want a police report or they will continue to report the inaccurate collection on my report. Isn't the burden of proof on them? I don't have a Police Report, I just know that it is not my collection showing up on my report. What do I do? I'm here in California if that matters as far as the law is concerned.

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yes they must show proof. What is this about  where they want a police report???

[Augustlove]

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Augustlove wrote: I recently disputed an incorrect Collection on my Credit Report, I disputed it as not mine. Here it is almost three weeks later and I received a letter from the CA stating they want a police report or they will continue to report the inaccurate collection on my report. Isn't the burden of proof on them? I don't have a Police Report, I just know that it is not my collection showing up on my report. What do I do? I'm here in California if that matters as far as the law is concerned.

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The CA is saying that when I placed the dispute with the CRA's that I "indicated possible id theft" (I only stated that it was not mine- which it really is not my account) and "that since the account has already been resolved, in order to further investigate your claim you will need to provide supporting documentation such as a police report and or affidavit of fraud" Did I make a mistake when I filed my dispute? Is it normal for them to ask for this? Should I respond to them? Please give me some ideas of what to do.

[Anonymous]

Send them a letter stating it is NOT yours - and YOU have no proof - they are the one required to PROVE it's yours!

[Anonymous]

Everyone here is correct - the burden of proof is on the agency who is reporting the item, not you.

Did you send a DV letter to the collection agency reporting the item on your report?  They need to show you documentation that says that the debt is yours.   Send it CMRRR, and keep a copy of the letter, the receipts, etc.   If they don't provide the proof that the debt is yours after 30 days, send them another letter - this time indicate that they haven't provided validation of the debt within the 30 day period and they either need to delete the item from the report or provide documentation.   If they don't comply with proof of the debt or removal of the item, file a lawsuit in small claims court against the collection agency for violation of the FDCPA and serve them with papers.  

To support your position:

• Here is the opinion letter from the FTC that the collection agency must show proof positive that you owe the debt: http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm.  "Proof positive" means: contracts signed by you as well as statements and information about the original creditor.
• Here is the opinion letter from the FTC that the collection agency cannot require you to provide the burden of proof that the debt is yours: http://www.ftc.gov/os/statutes/fdcpa/letters/krisor2.htm
• Here is the opinion letter from the FTC that the collection agency cannot report the debt unless it has been properly validated: http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

From this point on, don't deal with them over the telephone - continue your dealings with them in writing only.

Good luck!

[Anonymous]

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Augustlove wrote:

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Augustlove wrote: I recently disputed an incorrect Collection on my Credit Report, I disputed it as not mine. Here it is almost three weeks later and I received a letter from the CA stating they want a police report or they will continue to report the inaccurate collection on my report. Isn't the burden of proof on them? I don't have a Police Report, I just know that it is not my collection showing up on my report. What do I do? I'm here in California if that matters as far as the law is concerned.

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The CA is saying that when I placed the dispute with the CRA's that I "indicated possible id theft" (I only stated that it was not mine- which it really is not my account) and "that since the account has already been resolved, in order to further investigate your claim you will need to provide supporting documentation such as a police report and or affidavit of fraud" Did I make a mistake when I filed my dispute? Is it normal for them to ask for this? Should I respond to them? Please give me some ideas of what to do.

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sent them a letter stating 

#1 I did not dispute it as ID thief! It was reported as NOT MINE

As it is not mine I can not send you a police report.

If you can not prove that it is mine (which you can not do) It MUST be removed from my CR within 15 days from date of receipt,or  I will refer it to my attorney.

must go CMRRR!!!!!!!!!!!!!!!

Message Edited by HappyDays on 08-24-2007 01:10 PM

[Augustlove]

Thankyou for for the info, I will be sending them a letter today CMRRR