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
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!