AT&T says we owe 8500 phone bill but we never lived in St. Louis?

Question

which was the address for the debt in the year 2000, same first and last name, wrong address...we've been in Colorado since 1975. LIved in this house since 1991.
AT&T sold the debt to a law firm here in Denver. We demanded proof of the debt, they cancelled the court date four times , rescheduled it, but has not given us ANY proof that we could possibly owe this money.
As a retired school librarian, I don't want to spend a bunch of money on a lawyer, but am so pissed at the hassle we've been put through would like to counter-sue for harassment. I don't want to just settle this problem, I want reimbursement for the undue stress it's put on my husband.
Suggestions? Thanks!!!!

Answer 1

I think I know what's happening...and it's not identity theft. There is a new breed of highly predatory collection agencies which have purchased a lot of virtually worthless debt that is outside of the statue of limitations....They have discovered that locating the owners of the debt can be impossible after so much time has passed, so the ONLY way they can make any money is to file bogus/frivolous lawsuits against people with similar names, social security numbers and/or addresses such as yourself.

Their primary game is fear and (especially) hoping that you don't respond to the court date/summons. What they're doing is playing the "default judgment" game.

NEVER, NEVER, EVER fail to show up for an appointed court date...this is exactly what they want you to do...If you fail to show up, they will get a default judgment against you regardless of whether the debt is yours or not.

**** It is very important to keep a close watch on your credit files...these people specialize in posting bogus negative information on your credit files to help them in these frivolous lawsuits. You don't want to discover bogus negative information the hard way in a court hearing. Until this situation is remedied, I suggest that you sign up for daily credit monitoring with Equifax. Immediately dispute any bogus entries on your credit files that they have placed...do this via Registered Mail with Return Receipt.

It is critical to keep all communication with these sleazebags in WRITTEN format...sent via Registered Mail with Return Receipt. ALWAYS refer to this as "alleged debt" in your communications with them. Mail them via Registered Mail separate requests for the following:

*an itemized statement of charges for this alleged debt
* signed copies of an application for service with ATT.

If they send you a summons to appear in court for new date...contact the court immediately and file for a "Motion for Continuance." This is a fancy term for "postpone." Simply tell the court that you do not have sufficient paperwork. The worst that can happen is that they will say "no."

File complaints with the Colorado Attorney General against this firm. Threaten to file ethics complaints against the attorneys of this firm with the local bar association.

I strongly suggest the following website...Bud Hibbs has been at the forefront of warning people about these types of scam lawsuits. Good luck!

Answer 2

usually the IRS makes there own estimate of what you owe. You have not told us for which years, or if it is for multiple years. If a dependant does not live with you they will catch you. More than likely these children's social security numbers have ended up on two returns and they caught you that way. You should probably not claim children for the whole year if they don't live with you. You can prorate the time and share it with another individual, but you both cannot claim 12 months each. The $8500 is probably the tax benefit you received from you illegal actions and they want their money back. They can get the money from you several ways, and will just cause you a lot more heartache in the meantime, unless you just do the right thing and straighten it out with them and sooner rather than later. Also, not enough info was provided for detailed advice.

Answer 3

Call your Attorney General's office and tell them a collection agency who claims to be a law firm has been trying to collect a debt that is not yours. The law firm may think it's yours, or trying to say it is, because it's the same name and nothing else to go by. Just tell them the story and they will either help you, tell you what you can do, or have some referrals. Don't forget to mention you are retired. Most AG's offices do get involved with consumer complains and actively send letters on consumer's behalf to find out what is going on with weird stuff some places do to people.

Answer 4

Sounds to me like you have been the victim of identity fraud.

All you should have to do is gather documentation proving that you have never lived at that address at that time & send it to AT&T with a polite but firm letter explaining the situation. Say that you don't want to have to make this a long & drawn out legal process so are keen to settle this quickly.

If they refuse to help you then you can tell them that you will be seeking further legal advice however if they cannot ascertain the identity of their clients accurately then the next stop after legal advice will be the media.

Media LOVES these stories...dedicated librarian retires only to find that some unscroupulous cad has stolen her identity - uncaring telecommunications giant unwilling to budge.....it sells papers & companies HATE it!

Answer 5

AARP and your state commerce department may have some resources to help you--I agree, identity fraud! I don't think you need to hire a lawyer. Send the colleciton agency a certified letter stating that you intend to sue for harassment if they continue to contact you and threaten to sue. Get a notarized document that you have never lived in St. Louis, providing information on your actual location, that portion of your income tax form (no other information), etc.

Answer 6

I also think you're being scammed by someone. Call anyone and everyone you can think of and make as big a stink as you can about it. The BBB, FTC, Attorney General, congressman, tell whoever will listen. Expose the scam and alert others to it. If AT&T won't cooperate in helping to clear it up, report them too. Sometimes if you make an A** of them and embarrass them they will cooperate and help. I'd also call your local news station, they may be able to help. Good Luck

Answer 7

I agree with Slimick.
Since it is one single old account, it sounds more like the tactics collectors use than a possible case of ID theft

The only thing that I could add to what he posted is that you might consider contacting a "consumer credit" lawyer and ask if they will give you a free first consult, many will do a free first consult. (just be sure it is a consumer credit lawyer)

Take every scrap of paperwork you have and let the lawyer look it over. It may be possible that the lawyer will find enough violations that he/she will take your case either pro bono or on a contingency basis and file suit against "them" for their violations.

Answer 8

WOW, have you talked to AT&T yet?? If so and they are not willing to help, then i would definalty go and talk to a lawyer get a free concultaion, start the proceedings of a lawsuit on them. Now you may have a crooked CON job doing this just seeing them pushing the court date back ect. If you are unsure call the attorney generals office/ law enforcement ect, something is very wrong here and someone "not you" needs to be punished. This is not small time money this is felony level and if convicted someone is going to jail and i am willing to bet this law firm is jacked. The gal said it best if AT&T is aware of it going to the media is wise too this negitive publicty would cost them millions.

Answer 9

The first answer couldn't of said it any better.

Answer 10

Simply put, if they can't prove the debt is yours, they can't force you to pay it.