Fathers debt on credit report

[Anonymous]

Hello

   I am a long time reader but this is my first post.Let me first say "Thank You" to everyone for the great advice I have gleaned from this board.

   So heres my issue. Over the last several years my husband and I have been building our credit with the goal of buying a new home.We received our pre approval several weeks ago

  My husband received a credit alert two days ago. Transunion is now showing a $318.00 collection from a collection agency ( original creditor is Dish network)  The debt is not his. It is his fathers. They have the same first and last name. His father is horrible with money and has many collections and judgements against him, but this is the first that has ever shown up on my husband. How is the best way to proceed with getting this removed?

[MrTom]

Start by disputing the debt with the CB that its not his.

If its on more then one report, Call up the collection agency and ask for a validation, and tell them the situation.  A CA can not put a collection on a report out of the blue, thay have to wait 30 days after the first letter or phone call to add a TL.  (This gives you more ammo seeing it never happened)

Generaly all you need is a name and address to put a collection on a credit report.  If its only on TU im guessing they just used a name to add it, and not by SSN.

[Anonymous]

Welcome to myFico!

I would suggest disputing with the CRA's that the debt is not your husband's, assuming he did not lend his information to start the account and it is not his. Should be a simple matter unless there is something else going on.

[medicgrrl]

I would also call Dish and get a letter stating the account is not his. Just in case you need it for the underwriter.

[rmduhon]

The CA can report the debt to the CRA's without contacting anyone first. But after reporting to the CRA's they have a limited amount of time to send a dunning notice.

[Anonymous]

 Thanks for the advice

  I am sure my Father in Law was contacted, probably several times... They have constant "money troubles" 

   We knew they had recently had their Dish shut off but I had no idea this would happen...We live in the same county but not the same town as my inlaws do. The account was never my husbands but he did live at the same address 8 years ago. They have the right name just the wrong person...

 Would it help to get an old bill and my FILs SSN and Drivers license info ?

[Anonymous]

You should not need the father's information. Your husband's should be on file with the CRA. You might even call to explain and ask what documents the CRA may need.

[RobertEG]

The DV process was established primarily for situations such as yours.... when a collection is reported on a debt that is not yours.

Thus, the first step is normally to file a DV with the debt collector.

However, DV requests have several limitations, which might lead you to also or optionally file a dispute with the CRA.

Limitations on the DV process include:

(1) A DV request must be filed no later than 30 days after any dunning notice to be timely.

If untimely, it can simply be ignored, and

(2) Even if timely, a DV imposes no period for any response, and thus you may not receive the requested validation within any set period.

A timely DV imposes a cease collection bar, but does not set any period for requried response.

A dipute under the FCRA does impose a 30 day period for completion of investigation, but also requires showing of a specific inaccuracy in reported informtion.

You thus have the added burden, not required in a DV request, of supporting some showing of a specific reporting inaccuracy.

Submission of his father's ID documentation would be a substantive showing supporting an asserted inaccuracy in a dispute, but would not be requried as part of a DV request.

Since you do have basis supported by documentation to challenge the accuracy of their reporting, I would advise the dispute route, with inclusion of supporting ID documentation to show that your husband is not the party, but rather his father.

[Anonymous]

I had the same issue with a $12.5k judgment against my father (same name, same county, different town) showing up on my TU report. I called TU and explained the situation. They opened a dispute and I faxed them a document I found in onlie court system showing his name and address on dockets. The item was removed from my report within 2 days of sending fax!!

If you have some sort of evidence readily availabe that show it's not yours (i.e. bill from Dish with his name, address, and account number) I would contact the bureau(s) reporting it to let them know the situation and see what they say is best way to resolve it. You may have to contact Dish or the collection agency directly, but if it can be resolved directly with bureau it will be faster. 

Good luck!!

[Anonymous]

  Thank you so much !!!!

  I pulled all 3 of my husbands reports last night and its reporting on them all I will start disputing asap. If I have to contact the collection agency directly would it be best to explain the situation and include documentation or just send a standard DV letter?