Re: When Sending DV Letter, Use Married Name or Maiden?[ Edited ]
01-17-2012 07:30 PM - edited 01-17-2012 07:32 PM
I would presume that, since they reported to your CR, they sent the required dunning notice within 5 days thereafter. I would use the name they provided in their dunning notice to ensure they match it, along with their collection account number. I would also clarify the name change due to marriage, and then sign it either way.
I dont see any question of your identity if you provide at least the name they have in their records.
A suggestion, if you wanted to pursue the "account not mine" approach. As a supplement to simply sending a DV, you could assert that, since you have no knowledge of any account with this creditor, that the account may have resulted from possible identity theft. A truthful and logical assumption.
FCRA 615(g) provides that, if the consumer (or any other party) notifies a debt collector that any information pertaining to the debt may be fradulent or the result of identity theft, the consumer may then request the debt collector "to provide to the consumer all information to which the consumer would otherwise be entitled if the consumer were not a victim of idenitty theft, but wished to dispute the debt under provision of law applicable to that person." A mini-FCRA dispute process without having to file an actual dispute under either FCRA 611(a) or 623(a)(8). A lot more comprehensive than the broad DV requirement to merely "obtain" verification from the creditor. And, unlike the FCRA dispute processes, such request does not have to be based on an assertion in inaccuracy in actual credit reporting. It goes to the accuracy of the debt, not credit reporting.