What happens if a debt collection agency issued a noticeto the wrong family member?

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What happens if a debt collection agency issued a noticeto the wrong family member?

Mother and daughter have similar names. Daughter has been occasionally using her mother’s mailing address. The mother received a notice from a collection agency of a balance owing on a credit card account that she did not apply to. What steps need to be taken to inform agency that their notice is not valid

Asked on October 25, 2010 under Bankruptcy Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to contact the collection agency in writing that you are not the party they are seeking to collect from.  I would call and speak with a supervisor.  Get a name and an address.  Then when you send the letter ask for a copy of the original agreement for the credit card.  Indicate that you suspect that they are seeking someone with a similar name and not you. Give them the last 4 digits of your social security number as follows: XXX-XX-1234.  Ask that they stop sending letters to you.  Indicate that any continued mail or attempts at collecting the debt will be reported as a violation or your rightsand under the Fair Debt Collections Practices Act. Also indicate that if they adversely affect your credit with continued attempts at collection you will take legal action. Then keep checking your credit. 


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