Collection agency requesting ID and affidavit. Should I send it to them? Friend or foe

[RobertEG]

The entire purpose off the identity theft procedure amendments to the FCRA was to totally remove the creditor or debt collector from any involvement in or approval of removal of their reporting from your credit report.

If you file a police report and send it to the CRA, along with an FTC affidavit and proof of your identity, the CRA is required to block any information asserted to have resulted from identity theft from your credit report.  FCRA 605B.  The creditor is not involved, and you need provide them nothing.

If, in addtion to block of the info from your credit report, you additionally wish to furhter pursue the underlying facts as to the identity theft, you can also send a copy of the police report to the credtior and demand all business records in their possession pertaining to establishement or use of the account.  FCRA 609(e).

That is totally optional and discretionary on your part as means for you to investigate the identity theft.  No contact with the creditor is required, period, in order to at least get their reproting blocked from your credit report.

I would not send any personal information, and would rely totally on your rights under FCRA 605B and 609(e).

[pdubbs79]

Very useful information Thank you.

The problem is, it's almost 6 years out and I am thousands of miles away from where the origination of the said debt.  I'm not sure how to proceed.  

[2b2rich]

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@pdubbs79 wrote:

Very useful information Thank you.

The problem is, it's almost 6 years out and I am thousands of miles away from where the origination of the said debt.  I'm not sure how to proceed.  

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It's probably past the SOL (Statue of Limitations).  If so, they can't legally sue you, but if they try to you can show up in court and point out the SOL and they won't win a judgement.

You would still owe the debt (if it's yours) but things are more in your favor now.  The date that the CRAs should be going by is the date of service, or 30 days after.

I would make sure that it's out of SOL and send them a C&D letter or if it's as small as you say, just send them a money order for the amount showing (and don't communicate with them any more).  If they want the money, they will take it and be done with it.  It won't reset anything.  Just write on there that you are not acknoweldging anything but for such a small amount you just want the issue to be done with.

[Anonymous]

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@pdubbs79 wrote:

Very useful information Thank you.

The problem is, it's almost 6 years out and I am thousands of miles away from where the origination of the said debt.  I'm not sure how to proceed.  

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Does not matter in the least. Simply take a copy of your credit report with the item highlighted to the police department, tell them:

You just discovered this item, and you believe it to be the result of ID theft. Under federal law (FCRA 605B) you have the right to get it excluded from you reports immediately but you need to submit, among other things, an ID Theft report. Let them know you understand that after this amount of time investigation of the incident is not  realistically possible and its not what you are after, you just need a report to submit to the CRA's.

[pdubbs79]

Will submitting a ID fraud raise red flags on the fico section listed as Fraud risk?