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Disputes .... evidence?

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Established Contributor

Disputes .... evidence?

I've never done a dispute before so I want to make sure everything is done properly. How exactly do you dispute a collection that isnt yours? What I read says to send evidence. I'm not sure what evidence you can use to prove the account isnt yours. It's not like it's just reporting something inaccurate on the account where you could send a document otherwise. So I'm lokking for a little guidance. 

EQ 773 * EX 786 * TU 797
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RobertEG
Legendary Contributor

Re: Disputes .... evidence?

"Äccount not mine" is only an assertion that anyone could make, it is not supported.

The clear dilemma is how does one prove a negative?

 

To address this dilemma, he FCRA was amended to accept an "account not mine" assertion that is put into the form of a sworn statement before a law enforcement agency, and thus carries criminal penalties for knowingly inaccurate statements, as sufficient basis to get any and all information pertaining to such an account blocked from the consumer's credit report.  The inference is that if the account is not one of the consumer and yet appears iin their credit report, it must have been opened by use of the consumer's identity by another.

 

The identitity theft process of section 605B provides for the filing of a police report that includes the assertion of account not mine wth the CRA, which then requires the CRA to block the information related to the asserted identity theft.

 

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