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

[haulingthescoreup]

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.

[Anonymous]

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

[Anonymous]

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@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. 

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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.

[Anonymous]

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@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!

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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

[fishbjc]

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!!!!!!

[Anonymous]

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?

[Anonymous]

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

[Anonymous]

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

[Anonymous]

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.

[Tons_of_Debt]

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