Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007
Re: Charge off question

If you have a debt under collection that you dont believe is yours, I concur with Shogun that the only mechancism available under the FCRA and FDCPA, once they have verified its accuracy, is to put the account into an identity theft proceeding, which requires that you file a police report putting your assertion into a sworn statement.

If willing to file a police report asserting you never authorized the account, you can send a copy to the CRA and immediately get it blocked from your credit report, and just ans importantly, send a copy to the creditor and compel them to produce business records to support their verification under the authority of FCRA 609(e).  that provides a mini-discovery right that normally only comes about in court.  It is not provided under the FCRA dispute process.

 

Absent using the FCRA identity theft process, you would have to rely on the courts to hear the issue.  You could either initiate your own litigation, or argue the matter as a defense against any legal action they might bring.