Debt collection on debt that isn't mine

Anonymous · ‎10-14-2016

Hello! Earlier this year I received a letter from a debt collector about a debt that I'm pretty sure isn't mine. I researched the original debtor in question, and apparently I tried to open a trucking business when I was 20 and in college (I don't even have a driver's license). I didn't go through the trouble to successfully dispute it then and I got another letter from them yesterday. They ask that I file a police report and have sued the original debtor successfully before they'll stop pursuing this debt. I have mo way whatsoever and will not be suing anyone for this; I know this is not my debt and I am someone who actively checks my crediy report all the time. I have never heard of this creditor or debt or this account. Ever. The debt is 13 years old as well. How do I get them successfully out of my life? I do remember someone using my identity around that time to open a cell phone account in my name but as far as I knew, that was the only account of identity theft...

RobertEG · ‎10-14-2016

Send them a cease communication notice under FDCPA 805(c).

That will prevent them from any further communication with you.

If the asserted debt is that old, it is past the credit report exclusion period, so it cannot be added to your credit report, and also likley past the SOL for your state, so they cannot initiate legal action.

You have the authority, at any time, to instruct a debt collector to cease all communication with you.

Anonymous · ‎10-17-2016

Thanks so much! Could they still try to make me pay the bill? I don't need anyone trying to get into my bank account and taking my funds...

RobertEG · ‎10-17-2016

Attachment of assets to recover a debt requires that the party first obtain a civil judgment finding the debt to be valid and ordering its payment.

The judgment is then basis for seeking an additional order of the court for specific payment of the judgment, such as attachment of assets or garnishment of pay.

If the SOL has expired, they cannot obtain a judgment, regardless of any factual issues of validity.