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Hi there. My husband had a recorded message on our phone today from "Stellar Recovery" saying they were calling about a debt my husband owed. The recording had his name (it was one of those pre-recorded robot things saying "We're calling for Joe Schmo about a debt. Please call us back at blah blah"), but no other information. Coincidentally, I just checked his credit reports a few days ago, and there is nothing from this company on any of them. As far as we know, he has no outstanding debt AT ALL. I looked up this company, and found some stuff about them buying zombie debt, but also that they collect for Comcast. Our comcast account has been in MY name for the last 8 years.
We are trying to buy a house in the spring, so I don't want anything crazy popping up. What should we do? Should we just send them a letter requesting verification of any debt? Or should I have my husband call? I'm always nervous about communicating by phone with these types of shady companies, and prefer certified mail. Or is this safe to ignore? I never know what to do with stuff like this.Thanks for any advice!
I would def call them back. They are one of the easiest collection agencies to deal with and they PFD. That being said, if you do not pay they will place it on your credit reports...all three of them. Pay it if it's your hubbies and keep it off your report. One collection can tank your score 100 points.
You have no idea what they would be calling about? Hmm.. If they contacted him by phone to collect on a debt then they would have to send you a dunning notice within 5 days to be in compliance with the FDCPA. Yes, it could be a Zombie debt, but I would find out what it is. Send them a DV, it would be considered timely and would time bar them from attempting to collect the debt until they validate. This will include the placing of it on your CR. You mentioned a mortgage. Have you opted out? Go to www.optoutprescreen.com and make sure you do that. It will help keep some of the bottom feeders away while you are mortgage shopping. Good Luck!
Yes, we opted out about 9 months ago. I guess we'll just send a DV letter - at least then they have to reply with something. And we'll know if it's zombie or not. I'm positive we have no outstanding debts, because I manage all our accounts and am super vigilant about paying on time.
They may reply, they may just slink away. Get it sent and again, Good Luck!
One more question - if I send the DV letter without talking to them, and don't have an account number or anything, is that kosher? I mean, does a DV have to include an account number? Is it enough to say, "you called me at x phone number, my name is x, send verification to x address"? Or would we need to include a social security # as well?
Do not give them a ss#. Don't give them any information they don't already have. If they have his name and phone number to leave the message, then that's what you put on there.
My opinion....two steps.
First, return their call. Why? FDCAP 809(a) requires that a debt collector provide dunning notice within 5 days of any "initial communication with the consumer."
While the case law seems to be leaning towards a telephone answering message as consituting an "initial communication," that is still not totally resolved.
By calling them, you unequivocally establish a clear "initial communication." Just ask why they are calling and get any creditor or account information. Give them nothing.
Then hang up, with a clear trigger of required dunning notice. If no dunning within 5 days thereafter, a clear FDCPA violation.
Then, immediately put your timely DV in the mail, thus forclosing any collection activity on their part until such time as they provide debt verification.
If you send DV prior to clearly establishing initial communication, you cant call them after DV, as they would be precluded from any collection activity.
So you might be giving up future ability to assert their clear violation of timely dunning notice.
If they initiated a call to you, in my opinion, simply providing, in your DV, your name, phone number, and date of their call would clearly be sufficient for them to establish the debt they are attempting to collect. They could not assert lack of knowledge of their own initiated contact, and its basis.