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

[Anonymous]

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!

[Anonymous]

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.

[Anonymous]

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

[Anonymous]

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.

[Anonymous]

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@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

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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.

[Anonymous]

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.

[Anonymous]

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@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.

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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.

[fishbjc]

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. 

[Anonymous]

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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.

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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...

[Anonymous]

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.