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Wrong information on a debt

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Loo

Junior Member
What is the name of your state (only U.S. law)? Georgia

A collection agency is contacting me for a credit card debt that was opened in 2003. I never had an account with this company, but at the time my ex-husband did. I was not an authorized user on his account and I think they have my information on his debt. I checked my credit report and there is no activity from this on there, nor has there been from 2005. I told the collection agency this was not my debt. I am past the time frame to request validation, should I send a cease and desist letter since this debt is past the statute of limitations or contact a lawyer?
 


FlyingRon

Senior Member
Requesting validation is largely a wasted effort. Just send them a cease and desist.
Not only is this not your debt, but from 2003 it's pretty likely to be beyond the statute of limitations (six years) anyhow.
 

Loo

Junior Member
Requesting validation is largely a wasted effort. Just send them a cease and desist.
Not only is this not your debt, but from 2003 it's pretty likely to be beyond the statute of limitations (six years) anyhow.
Thank you ;)
 

single317dad

Senior Member
If this is truly not your debt (was it ever on your credit report in the past? are you absolutely positive you weren't on the account?) then they're not really trying to collect from you, they're just harassing you. They can try to collect from the actual debtor ad infinitum (usually without success) regardless of any statute of limitations, but they can't collect a dime from a non-debtor unless you agree to pay them.
 

Loo

Junior Member
If this is truly not your debt (was it ever on your credit report in the past? are you absolutely positive you weren't on the account?) then they're not really trying to collect from you, they're just harassing you. They can try to collect from the actual debtor ad infinitum (usually without success) regardless of any statute of limitations, but they can't collect a dime from a non-debtor unless you agree to pay them.
This is truly not my debt and I am positive that I was not an authorized user on his account. I thought this was a scam, but the collection agency is legit and well known. There is nothing on my credit report before 2005 that I can see and nothing from 2005 til now from this credit card company. They can't provide a charge/billing history from the account, so I am confused as to why they would try to collect with no proof.
 

FlyingRon

Senior Member
Understand that if they are "looking" for the debtor, they can abuse you with impunity. The FDCPA protects the deadbeat, not the innocent bystander. Debt collectors are the lowest level scum on the planet. This wouldn't be National Recovery in Kennesaw would it? Those are the unconscionable buttholes that called my cellphone looking for a person who had listed that number as his WORK number on some debt application. Communicating with even the president of the company and the Kennesaw police department couldn't stave the criminal behavior of their agents.
 

Loo

Junior Member
Understand that if they are "looking" for the debtor, they can abuse you with impunity. The FDCPA protects the deadbeat, not the innocent bystander. Debt collectors are the lowest level scum on the planet. This wouldn't be National Recovery in Kennesaw would it? Those are the unconscionable buttholes that called my cellphone looking for a person who had listed that number as his WORK number on some debt application. Communicating with even the president of the company and the Kennesaw police department couldn't stave the criminal behavior of their agents.
Portfolio Recovery Associates, LLC. They purchased the debt in 2011
 

single317dad

Senior Member
Portfolio Recovery Associates, LLC. They purchased the debt in 2011
Cut from the same cloth; they're all in a class known as "JDB", junk debt buyers who buy up debt that isn't worth collecting for a small fraction of its original value and pursue any available avenue in collecting it.

http://www.consumerfinance.gov/askcfpb/1411/how-do-i-get-debt-collector-stop-calling-me-if-its-not-my-debt.html

How do I get a debt collector to stop calling me if it's not my debt?

You have the right to tell a debt collector to stop communicating with you. Write a letter to the debt collector and keep a copy of the letter yourself.

Once a debt collector receives your letter, it may not contact you again except to:

Tell you there will be no further contact
Advise you that it or the creditor may take other specific actions it is legally allowed to take, such as a lawsuit against you
The C&D is really your only option. Good luck.
 

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