Collection Agency problem

[Jeremey]

I have just received a notice from a collection agency saying that I owe Hollywood Video $368.52 for a game that I didn't return. I would just like to know if they could send me to a collection agency without notifying me first. Furthermore they say that it is from a game rented on 1-8-2000 and it was never returned. I moved in August of '99 and haven't been in that Hollywood Video location since. Are they required to prove that it was actually me who rented the game and didn't return it? I think there is another card that my ex-girlfriend had, but only my name is on the account. I would just like to know if the fees are my responsibility since my name is on the account. Thank you

[Jeremey]

I forgot to say that I am in Illinois. Sorry, I am new at this.

[Tracey]

This happened to me once -- it turned out that a video store employee was flagging dormant accounts and letting his friends check out videos on them! Fortunately, I could prove I was 2 time zones away when the vids were rented.

Whether you are responsible depends. You are responsible for charges made by you or any person you authorized to use your account. If you never gave her a card but she stole one unbeknownst to you, you aren't responsible. If you gave her a card & didn't close your account when you left town, you might be responsible, depending on whether breaking up constitutes revocation of authorization per se. Judge Judy would say it did!

Say nothing about the possibility of another card at this time. Write the collection agency & state that you left town 8/99 & could not have rented a game 1/8/00. Inform them that you won't pay the debt. Copy the video store. Since they already know your address, you might send a xerox of your driver's license or lease to prove that you were living elsewhere in January. At the very least, they will pull the records & see who signed for the game.

If all esle fails, you can pay the charge and sue your ex for reimbursement or make the company sue you & file a cross-claim against her as co-defendant.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited July 01, 2000).]

[Jeremey]

I am the only person on that Hollywood video account. I forgot that when I moved that there was another card on my account until I recieved the notice from the collection acency yesterday. Since I am the only person on the account and I know that I did not rent that game, can they still get money from me? I never had to sign anything to rent from their store, so I can only assume that there would be no record of that transaction in their system. I don't know how to follow up to the collection agency, I just know that I was not there to rent the game on 1-8-00. I would just like to know:
1. Can a company in IL send me to a collection agency without notifying me first?
2. Since the card was only in my name, is it my responsability to prove that I didn't make the transaction, or is it the companies responsability to prove that it was me that made that rental?
Thank you

[JETX]

I think that Tracey did an excellent response to your original post; however, I will 'take a swing' at your new questions.

Q) "1. Can a company in IL send me to a collection agency without notifying me first?"
A) Yes. There is no requirement in the Fair Debt Collections Act that you be pre-notified of a debt. Normally, a merchant will contact you prior to assigning for collection hoping that you will pay without them having to pay a recovery fee to the agency. I bet if you checked, the video store did contact you.. at your old address. When the letter was returned, they hired a company that could skip-trace you.

Q) "Since the card was only in my name, is it my responsability to prove that I didn't make the transaction, or is it the companies responsability to prove that it was me that made that rental?"
A) This depends entirely on the rental agreement that you signed. Look at it, if you can't find it, contact the video store and have them send a copy of your agreement to you. If it says something like "Customer is responsible for all charges or costs made on his card...." then you are probably liable. As Tracey said, your recourse is to prove that you were not available to have checked out the item.

Also, a suggestion: Don't 'offer' that you authorized or allowed someone to use your card. Let the store determine who might have used it, or that it was not used improperly.


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Steve Halket
Judgment Recovery of Houston
JRS.Houston@excite.com
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!