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Wife and Collections notices

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pdog661
Frequent Contributor

Wife and Collections notices

Hi,

 

I need some advice as to how to handle this situations with my wife.

 

She receives 1-2 collection notices a week.  None of these notices are accurate.  All of them are accounts that she has never had, and we are 100% certain they are not her debit.  What should we do?  Should I send dispute letters, or ignore?

 

 

Message 1 of 4
3 REPLIES 3
RobertEG
Legendary Contributor

Re: Wife and Collections notices

Never ignore any assertion from anyone that a debt is owed.

 

The initial right of a consumer is to request verification of any assertion by a debt collector that a debt is owed.

Have you sent debt valdation requests to them?  They carry most weight when sent within 30 days of their dunning notice, as they then invoke a cease collection bar on them, providing incentive for them to send the requested verification.

If you do send DVs on debt that you dont feel is yours, a normal DV does not compel them to identity the original creditor with whom the asserted debt arose.

That must be separately requested in the DV.

 

Once you have identified the current and original creditor and have received a statement of the current amount of the debt, you are in a better position to argue that the account/debt is not yours.  By providing verification, they must have some documentation to support their holding that she is the responsible debtor.

With evidence of who the debt allegedly arose, she can assert, for example, that any showing of indebetness must have resulted by someone else's use of her identity.

That can be addressed by the FCRA identity theft process.

If their verification is accompanied by documentation (which is not required), that may give rise to basis for disputing its accuracy.

 

It usually begins by use of the DV process.

Message 2 of 4
pdog661
Frequent Contributor

Re: Wife and Collections notices

How can I get the random notices to stop?

 

Do you think she is a victim of identity theft?

 

None of these items appear on her credit report.  One notice she recieved is for a credit card company that shared she did pay in 2008 yet she still has the card, and the card report no baddies on her credit file. 

 

Very strange items. 

Message 3 of 4
bahbahd
Established Contributor

Re: Wife and Collections notices

100% certain that none of these account are appearing on her credit reports? Have you pulled the reports from https://www.annualcreditreport.com/ to see for free?

 

Not only collection notices, you should never ignore any mail that is sent your address in your name. Bills, contracts, court summons, etc. Whatever it is, it is your obligation to notify the sender that you are not the person they are trying to contact. In the case of these dunning notices, you definitely want to send DVs with in the 30 days. You want to discover if the CA/OC are attempting to contacting your wife due to accounts that have fraudulently been opened in her name. 

 

Edit: I now see your post stating that they are not on her reports. You send DV letters. They could be trying to scam payments out of you. DV stating that the accounts are not hers, you want proof from the OC, verification that they have authority to collect, additional identification information for the person they believe owes this debt, etc. Do not give them any more information about your wife than they already have - no birthday, SSN, etc.

Message 4 of 4
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