topic Re: Hounded for someone else's debt -- with same name as mine in General Credit Topics

Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 14 Jul 2008 04:35:08 GMT

Hi,

For the last year I've been dealing with collection agencies and creditors coming after me for someone else's debt. She has the same first and last name as me, but different middle initial, SSN, and date of birth. Initially, I discovered this after checking my credit report last July and finding 2 collection accounts on there. I got those removed pretty easily by disputing (still have no idea how they got added in the first place), but I'm still having a problem with a third creditor.

Somehow this third creditor (which is NOT a collection agency, but the actual creditor) got my address and has been sending me bills for the last 6 or 8 months. I disputed but they sent me a "validation," which had the other person's entire SSN on it and the circumstances of her hospital visit. The "validation" also had a completely different address than mine, so I have no idea how the creditor got my address.

I made the mistake of calling and speaking to the creditor. They said the only way I can prove I'm not this other person is by driving to their office and giving them a copy of my driver's license. Which, of course, I am not doing...I'm not about to give them any of my information.

I tried filing an identity theft report, but the police said this isn't identity theft and they wouldn't do anything.

So then I made the decision (definitely a mistake) to ignore the bills since they aren't mine. Nothing has appeared on my credit reports since the first two accounts were removed.

Last week, I received a notice of wage garnishment. Of course, it included the other person's SSN and employer. I decided, once again, to ignore it since it's not mine.

But yesterday, the post office tried to deliver a certified letter from this creditor. I wasn't home so they just left the notice.

Now I'm scared. Are they trying to sue me? Can they possibly take me to court over someone else's debt? Should I sign for the letter when the post office tries to re-deliver? Is it time for an attorney?

Thanks in advance for any words of advice!

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 14 Jul 2008 04:41:50 GMT

Does your state have court cases online? If so, look up your name and see if you are listed.

Who was the wage garnishment from? It sounds as tho this may have already went to court.

Have you tried contacting a manager at the OC?

You can try filing a complaint with your AG.

IMO, if it hasn't went to court and does go to court, I wouldn't hire an attorney. I'd appear in court and prove this wasn't my debt and that you have told the OC this several times and they won't listen to you.

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 14 Jul 2008 05:03:21 GMT

Get the name of the CEO or Owner of this company and tell that person you are going to press criminal charges against the CEO or Owner for "false fraud scam debt collection". I'd try to call them personally. If you get no luck then I'd press criminal charges if they don't listen as a last resort. Easier than going to court. What they are doing is illegal. You might not get anywhere with the charges but you better believe it will get them to listen and stop. I don't like when people get to hide behind lawyers doesn't seem fair. Police bypass all that stuff. I mean now were talking about your income being debited. That's serious to me and sounds like illegal theft maybe grand theft in the works if they get away with it. I think you got something. Don't go on identity theft use scam collections. I don't know is this too harsh? I sometimes go over board on stuff like this. They will drop the charges if it is a legit mistake but it will be settled. Police take care of it FAST. I might have only had to do this one time in my life. Usually when I say scam or criminal fraud against a specif person and police they then decide to talk to me and settle before it goes anywhere. But I intend to press charges. If you are the victim this works. Never use this to gain leverage. But it could work in this case.

If you really think this is a legit mistake you might not want to do the above as it will get the ceo in some deep hot water. But I'd not let them take money from me.

WOW I can't believe they got so far with an incorrect social. I'm amazed you can't clear this up over the phone? You need to talk to people high up not CSRs on commission. I also forget this might be collection people and they are sneaky. Good luck.

Message Edited by ilovepizza on 07-14-2008 01:03 AM

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 14 Jul 2008 05:24:22 GMT

Hi,

The wage garnishment was from the creditor -- it was not a court order. I just looked on my state's website and I can only search for future court dates. My name (or hers) doesn't appear anywhere. I'll call the courthouse tomorrow to see if I can get info on past court cases.

At one point I tried contacting the manager at the OC. He was always "out of the office" or "on another line." I gave up and decided to ignore it.

So should I sign for the certified letter and see if it has to do with them taking me to court? And if so, is your advice to show up in court to prove that I'm not this other person? The problem with that is, this creditor is located in a county a good two hours away from me. So I'd have to take a day off work, spend lots of gas money to get to the courthouse and back, and probably have to show them my ID, opening myself up to additional problems.

I just don't understand why I have to prove to THEM that I'm not this other person...shouldn't THEY have to prove that I owe the debt? I'm so tired of all this stress. And when we start talking about costing me $$ -- in addition to the emotional stress -- I get really, really mad.

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 14 Jul 2008 05:28:14 GMT

@Anonymous wrote:
Get the name of the CEO or Owner of this company and tell that person you are going to press criminal charges against the CEO or Owner for "false fraud scam debt collection". I'd try to call them personally. If you get no luck then I'd press criminal charges if they don't listen as a last resort. Easier than going to court. What they are doing is illegal. You might not get anywhere with the charges but you better believe it will get them to listen and stop. I don't like when people get to hide behind lawyers doesn't seem fair. Police bypass all that stuff. I mean now were talking about your income being debited. That's serious to me and sounds like illegal theft maybe grand theft in the works if they get away with it. I think you got something. Don't go on identity theft use scam collections. I don't know is this too harsh? I sometimes go over board on stuff like this. They will drop the charges if it is a legit mistake but it will be settled. Police take care of it FAST. I might have only had to do this one time in my life. Usually when I say scam or criminal fraud against a specif person and police they then decide to talk to me and settle before it goes anywhere. But I intend to press charges. If you are the victim this works. Never use this to gain leverage. But it could work in this case.

If you really think this is a legit mistake you might not want to do the above as it will get the ceo in some deep hot water. But I'd not let them take money from me.

WOW I can't believe they got so far with an incorrect social. I'm amazed you can't clear this up over the phone? You need to talk to people high up not CSRs on commission. I also forget this might be collection people and they are sneaky. Good luck.

Message Edited by ilovepizza on 07-14-2008 01:03 AM

The OC is a county agency, so I don't know if pressing charges will work. It's definitely something to look into, though.

They don't have my employer's info, thank goodness. The wage garnishment had the other person's employer. But I'm very worried that somehow they'll find my info...because somehow they found my address in the first place.

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 14 Jul 2008 05:49:40 GMT

Thats odd since they should have access to Drivers License information to confirm you are not the other person. More likely people working there don't care and just follow the system doing as little as they need to 9-5.

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 14 Jul 2008 15:43:15 GMT

@Anonymous wrote:
I just don't understand why I have to prove to THEM that I'm not this other person...shouldn't THEY have to prove that I owe the debt? I'm so tired of all this stress. And when we start talking about costing me $$ -- in addition to the emotional stress -- I get really, really mad.

If they decide to take you to court, they "bear the burden of proof." So yes, they must prove that you owe them money. I would let them take you to court, hire a lawyer, and counter sue for lost wages(from taking time off work to be in court), cell phone use in communicating with them, higher interests paid on loans due to a worse FICO b/c of THEIR bad credit reporting practices, lawyer fees, and everything else a decent lawyer can come up with.

Re: Hounded for someone else's debt -- with same name as mine

fishbjc — Mon, 14 Jul 2008 17:54:07 GMT

Isn't this a HIPPA.violation? I would absolutely pursue this and want damages IN MY POCKET.

If this is a hospital, contact the Hospital Administrator. Contact the newspaper. Contact a LAWER and sue their azzes.

An *Im sorry* simply doesn't cut it here.

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 14 Jul 2008 21:26:45 GMT

eyeowanc wrote:

The OC is a county agency, so I don't know if pressing charges will work. It's definitely something to look into, though.

They don't have my employer's info, thank goodness. The wage garnishment had the other person's employer. But I'm very worried that somehow they'll find my info...because somehow they found my address in the first place.

Call your local TV station and see if they have a consumer affairs reporter - they love stuff like this. And since it is a goverment agencies I bet they'll love it even more...

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 14 Jul 2008 21:57:24 GMT

Hiring an attorney can be expensive. I'd say send a letter to their collections department -- mail always seems to get into the hands of the right people. When doing so, threaten a lawsuit and tell them to contact you immediately or else you're pursue legal action.

I hope it gets resolved soon. If someone started to garnish my wages, I'd go berserk and sue the pants off their wage-garnishing butts.

Re: Hounded for someone else's debt -- with same name as mine

haulingthescoreup — Tue, 15 Jul 2008 00:05:24 GMT

Agree on the letter and contacting TV stations! I'd also write a letter to the editor of your local paper, timing it for the Sunday edition (send it on Tuesday or Wednesday), giving the names of the agency and of the office manager who keeps ducking your calls.

Since it's a county agency, I would also check to see if there is an ombudsman's office to deal with this kind of crap, and I would also get with your own county commissioner. These people depend on your vote; they might as well earn it.

And as for the county people hounding you, they are YOUR employees. You have the right to demand that they do their jobs properly.

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Tue, 15 Jul 2008 00:29:37 GMT

Thanks for all of the suggestions, everyone. I really appreciate it. I'll let you guys know how it all turns out.

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Tue, 15 Jul 2008 00:39:39 GMT

@fishbjc wrote:
Isn't this a HIPPA.violation? I would absolutely pursue this and want damages IN MY POCKET.

If this is a hospital, contact the Hospital Administrator. Contact the newspaper. Contact a LAWER and sue their azzes.

An *Im sorry* simply doesn't cut it here.

It is most certainly a HIPAA violation -- however, it's a violation of the other person's privacy. I'm not certain that I could claim damages for that. But it does seem like the creditor should suffer some kind of punishment for not doing their due diligence before sending out info like SSNs and hospitalization details.

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Tue, 15 Jul 2008 01:29:27 GMT

@Anonymous wrote:
Hi,

For the last year I've been dealing with collection agencies and creditors coming after me for someone else's debt. She has the same first and last name as me, but different middle initial, SSN, and date of birth. Initially, I discovered this after checking my credit report last July and finding 2 collection accounts on there. I got those removed pretty easily by disputing (still have no idea how they got added in the first place), but I'm still having a problem with a third creditor.

Somehow this third creditor (which is NOT a collection agency, but the actual creditor) got my address and has been sending me bills for the last 6 or 8 months. I disputed but they sent me a "validation," which had the other person's entire SSN on it and the circumstances of her hospital visit. The "validation" also had a completely different address than mine, so I have no idea how the creditor got my address.

I made the mistake of calling and speaking to the creditor. They said the only way I can prove I'm not this other person is by driving to their office and giving them a copy of my driver's license. Which, of course, I am not doing...I'm not about to give them any of my information.

I tried filing an identity theft report, but the police said this isn't identity theft and they wouldn't do anything.

So then I made the decision (definitely a mistake) to ignore the bills since they aren't mine. Nothing has appeared on my credit reports since the first two accounts were removed.

Last week, I received a notice of wage garnishment. Of course, it included the other person's SSN and employer. I decided, once again, to ignore it since it's not mine.

But yesterday, the post office tried to deliver a certified letter from this creditor. I wasn't home so they just left the notice.

Now I'm scared. Are they trying to sue me? Can they possibly take me to court over someone else's debt? Should I sign for the letter when the post office tries to re-deliver? Is it time for an attorney?

Thanks in advance for any words of advice!

Sounds to me like you have a mixed file at the bureau level with this person. How close are your socials? Are any of her addresses appearing on your reports? This something that is not too uncommon and generally affects men who share the same name. Especial JRs and SRs. What most likely happened is that her creditors are pulling her information attempting to do a skip-trace on her, but because both of your information is tangled up they are coming up with your address information as well.

Now, if this is the case fixing it will be quite a grind. First you need to contact the bureaus that are reporting her information on your report. Second you need to inform them of a possible mixed file. If they say they dont see anything wrong, dont hang up. Have that CSR check HERS AND YOUR information. Make sure that you have them standardize your reports to only show your information and not hers. Also if you have a very common name, it is not uncommon to have multiple files at the bureau level. Have them check for any additional files and have those deleted. And start using your middle name, as this will give you lesser odds of getting mixed up with another person. I know its a grind and it really shouldnt happen, but as I said it is not at all uncommon.

Message Edited by TheR1ch on 07-14-2008 06:29 PM

Re: Hounded for someone else's debt -- with same name as mine

fishbjc — Tue, 15 Jul 2008 01:36:19 GMT

If it's a HIPAA violation, it doesn't matter! THEY sent you someone else's personal information! Use that to YOUR ADVANTAGE....let the administrator KNOW what they did, that should get some attention!!!!!!

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Tue, 15 Jul 2008 05:00:14 GMT

I would call the morons hounding you and Oh, so sweetly offer to send the "other you" the information THEY sent YOU .. along with a nice little note explaining the situation and mentioning how their HIPPA rights have been grossly violated.

Perhaps you could tuck some info into the envelope on a good lawyer or two?

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 11 Aug 2008 18:09:50 GMT

Hi everyone,

It's me, eyeowanc. Couldn't remember my login info so I re-registered. I ended up hiring a lawyer. I tried contacting local reporters, but no one was interested in the story. I'd already tried talking and writing to the creditor; they don't care a thing about the fact that I am not the person who owes the money. They just want their money and they'll hound whoever to get it.

So I hired a lawyer and paid $225 to have her write a letter stating if the creditor keeps contacting me, we will sue. She made sure to state in the letter that this was a HIPAA violation as well. She also drafted an affidavit stating that I am not the person they are looking for. A notary public then verified my information versus the information of the person who owes the money, then I signed the affidavit and the notary notarized it. The lawyer sent the letter and affidavit about 2 weeks ago and we have not heard a word since then.

Since it's only been two weeks, who knows what will happen. I am not really confident that the creditor will stop contacting me, but if they do contact me, at least I have a lawyer standing by ready to sue. I'm hoping it doesn't come to that.

Message Edited by jennej on 08-11-2008 11:09 AM

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 11 Aug 2008 18:16:12 GMT

Sorry it had to come down to that but glad it works. I would bet they won't call you again.

Re: Hounded for someone else's debt -- with same name as mine

Anonymous — Mon, 11 Aug 2008 22:19:02 GMT

I remember you from before. Funny thing is, even if they do take you to court, I still do not think you have ANYTHING to worry about, because, even if they get a judgment & garnish wages, they will be of the other lady, not yours! Think about it, they have all the other person's information and just your address...they're suing against the other person's SSN, threatening to garnish wages from the other person's job, etc. Re: your credit report, etc.? I honestly think YOU should file a lawsuit against them. You won't need an attorney, and it would be very easy to prove your case. It is wrong of them to put this information on your credit files, especially after you contested and they should have been able to verify your identity was mistaken. Also, it's illegal to tell you they're going to garnish your wages without having an actual court order. If I were in your situation, I'd file a lawsuit. Even if you do not want money from this, I think it's the perfect way for them to take you seriously.

Re: Hounded for someone else's debt -- with same name as mine

Tons_of_Debt — Tue, 12 Aug 2008 14:43:03 GMT

Definitely sue. They need to at least pay for your attorney costs.