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  #1  
Old 06-30-2006, 02:05 PM
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Debt voided - but still trying to collect


What is the name of your state? Illinois

Months ago I received notice from a third party collection agency that I owed money for 2001 Colorado State Tax (I currently live in Illinois). I found this odd, and informed the collection agency that I needed to personally verify before sending any payment. After a month of correspondence with Colorado tax agencies, a manual inspection of my tax return was initiated. Upon review, Colorado Dept of Revenue declared that I do not owe anything and voided the debt.

Yet now still the collection agency is trying to collect! I called them weeks ago and informed them about the ruling, expecting them to contact Dept of Revenue and verify, like any normal company would do. No - they are still calling me.

Today I wised up and read up on my rights. I called the collection agency today and recorded the call (told them I was recording it). I asked not to be contacted again by anyone from their agency and will be sending the letter. I quizzed the collector about why his company is still trying to collect, what process they have in place to update records when debt is cancelled, etc. Basically they have no processes. He got flustered and I was connected to a manager.

Neither the manager or his underling will take the phone number and name of my contact person from Colorado Dept or Revenue, or the void number. They want me to mail them a copy of the email I got from Dept of Revenue. I asked them how this will help, as anyone can fake an email. Will they contact Dept. of Revenue to resolve? No solid answer.

Then the manager had the nerve to threaten me with futher action in one weeks time. Of course, it is not possible to collect a debt that is not owed, so I have no worries. But there is the hassle of it all. And I would like to do everything in my legal power to make sure this collection agency acts within the law, and does not do this to any others.

So any advice on how I should proceed? Thanks.

Last edited by Indio22; 06-30-2006 at 02:07 PM.
  #2  
Old 06-30-2006, 02:29 PM
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Quote:
Originally Posted by Indio22

So any advice on how I should proceed? Thanks.
Send them a cease and desist letter and a copy of the info you are stating here. CRRR.
Do not take their phone calls anymore.
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  #3  
Old 07-01-2006, 12:54 AM
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Location: Missouri
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Quote:
Originally Posted by Indio22
What is the name of your state? Illinois

Months ago I received notice from a third party collection agency that I owed money for 2001 Colorado State Tax (I currently live in Illinois). I found this odd, and informed the collection agency that I needed to personally verify before sending any payment. After a month of correspondence with Colorado tax agencies, a manual inspection of my tax return was initiated. Upon review, Colorado Dept of Revenue declared that I do not owe anything and voided the debt.
Great. Handling it is important.

Quote:
Originally Posted by Indio22
Yet now still the collection agency is trying to collect! I called them weeks ago and informed them about the ruling, expecting them to contact Dept of Revenue and verify, like any normal company would do. No - they are still calling me.
Of course they are. Just how many debtors do you think say they don't owe anything? Almost all of them. Send them a copy of the declaration by the Dept. of Revenue.

Quote:
Originally Posted by Indio22
Today I wised up and read up on my rights. I called the collection agency today and recorded the call (told them I was recording it).
So you proved you don't know your rights or how to handle the situation.

Quote:
Originally Posted by Indio22
I asked not to be contacted again by anyone from their agency and will be sending the letter.
That is funny. You don't understand your rights.

Quote:
Originally Posted by Indio22
I quizzed the collector about why his company is still trying to collect, what process they have in place to update records when debt is cancelled, etc.
So you took the initiative to contact the DOR and refuse to send the information to the CA why?

Quote:
Originally Posted by Indio22
He got flustered and I was connected to a manager.
So he might have believed you and transfered you to someone that can handle it.

Quote:
Originally Posted by Indio22
Neither the manager or his underling will take the phone number and name of my contact person from Colorado Dept or Revenue, or the void number. They want me to mail them a copy of the email I got from Dept of Revenue. I asked them how this will help, as anyone can fake an email. Will they contact Dept. of Revenue to resolve? No solid answer.
No they aren't going to do that. Wise up. You are a debtor, a deadbeat and a liar, until proven differently. They told you what you have to do. Send the proof in. They'll check it out and return the file to the OC if appropriate.

Quote:
Originally Posted by Indio22
Then the manager had the nerve to threaten me with futher action in one weeks time. Of course, it is not possible to collect a debt that is not owed, so I have no worries.
It wasn't a threat. I am sure he will take further action in one week. You should worry. Have you looked at your credit report recently?

Quote:
Originally Posted by Indio22
But there is the hassle of it all. And I would like to do everything in my legal power to make sure this collection agency acts within the law, and does not do this to any others.
From your posting they have acted completely within the law including advising you on how to resolve this. At this point you are the one dragging the situation out and creating a problem.
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Last edited by debtcollector`; 07-01-2006 at 09:52 AM.
  #4  
Old 07-03-2006, 10:31 PM
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Location: Pennsylvania
Posts: 692
Indio22- You are on the right track. Debt Collector was partially correct. According to the law, you are innocent until the evidence proves elsewise. Thus, the creditor/bill collector is responsible to PROVE THE DEBT is collectable and does indeed belong to you. I would heed handing over information to them. Make them work for the information. Its not YOUR place to be their grunt and do the foot work. Did you send out a debt validation letter? Did they respond within the correct time frame with the documents they have on hand to validate this debt?
You did your part by contacting the tax bureau and getting a formal response. Just out of curiousity, May I ask how you gained your information via email since most states do not allow confidential information to be relayed via such form.?
  #5  
Old 07-03-2006, 10:34 PM
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Quote:
Originally Posted by Indio22
So any advice on how I should proceed?
Yep. Very simple. Send them a copy of the letter you received from the "Colorado Dept of Revenue declared that I do not owe anything and voided the debt."
Include a 'cease and desist' letter. Send all certified RRR.
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