What should I do about debt collectors notifying me of a debt that isn’t mine?

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What should I do about debt collectors notifying me of a debt that isn’t mine?

I’ve received 3 letters about what seems like 2 different debts. My name is on them but spelled incorrectly. I checked my credit report, and there is no sign of any of this debt. I know this debt isn’t mine. I have never taken out any loans. One letter had personal info (phone number and last 4 digits of social) that’s not mine. I am going to be moving out of the country in 2 weeks and I don’t know how to approach this. Should I just ignore it since there’s no sign of the debt on my report? Or should I take some sort of action? Can they sue me with only an address and similar name?

Asked on November 26, 2011 under Bankruptcy Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you are being pestered by a third party debt collection company about a debt that is not yours, you need to write the debt colletion company a detailed letter in response setting forth your position that the debt that you are being contacted about is not yours, but rather someone else's.

Keep a copy of this letter for future reference. Do not mention any personal information about you in the letter sich as driver's license number, date of birth, or social security number.

If you continue to get letters from the debt collection company about this debt refusing to acknowledge a mistake upon its part, write a second letter mentioning unfair debt collection practices under federal and state law. If you still continue being pestered about this debt, you should then consult with an attorney that practices debt collection defense for consumers such as you.


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