what do i do about a debt from asset acceptance that is not mine?

Question

I HAVE A $1200 DEBT FROM ASSET ACCEPTANCE LLC THAT IS NOT MINE. IT IS FOR A PHONE BILL FOR A PHONE THAT I NEVER HAD. IT IS FOR SOMEONE WHO HAS MY SAME NAME BUT I NEVER LIVED AT THE ADDRESS THEY HAVE NOR HAVE I EVER HAD THE NUMBER THEY HAD OR EVEN RESIDED IN THE SAME COUNTY THAT THE ADDRESS OR PHONE NUMBER IS IN. I CALLED THEM ABOUT IT AND TOLD THEM THIS AND THEY SAID THERE IS NOTHING THEY CAN DO. WHAT DO I DO? HELP! PLEASE!

Answer 1

First, please turn off the caps. It's considered shouting and makes your post hard to read.

Second, don't talk to Asset Acceptance. This is one of those "scumbag" collection companies. Send them a letter, certified, return receipt, Tell them this is not your debt and demand they provided written proof that it is your debt. Give them 30 days to respond or to cease and desist contacting you.

Have you checked your credit report to see if they have reported this? If so dispute it as not being yours and being beyond the reporting period (if it's over 7 years old).

It the first dispute doesn't get it off your credit, make a second dispute after the 30 days for the collector to respond to your letter. Send a copy of your request letter and indicate that the collector failed to respond to your request for proof of the debt.

Be very watchful as this collection agent has been known to go to court without proper summons to you and get default judgments for antique debt.

Answer 2

There is a difference between the statute of limitations, and the period of time where a debt should fall off of your credit report(s). The statute of limitation deals with the period of time a creditor or collection agency can get a judgment against you to collect the debt. This varies by state. The period of time where a debt falls off your credit report(s) is 7 years after the charge off date (typically 3-6 months) from the original lender. Now what the collection agency has done sounds like what is called "re-aging." This is where collection agencies (typically) will change the date when the account went bad (more than likely to the time when they bought the debt) to make it look like it is more current. This is illegal under the Fair Collection Reporting Act (FCRA), and the collection agency can be sued. If the collection agency is contacting you then send them a certified, return receipt requested cease and desist letter. They should not contact you after that. Also, send the credit bureaus a certified, return receipt requested letter disputing this information stating that the date on the accounts in collections is incorrect. If the information is not properly updated then the credit bureaus are in violation of the FCRA, too.