Legal Question in Credit and Debt Law in California
Credit reporting
A collection agency notified me that a department store had turned my account over to them for collection. They said the account was open Dec-06. I do not recall opening the account. I asked for a record of the purchases and credit application. The department store says the collection company has the documentation and the collection company says the department store has the documentation. Since I do not think I opened and account or charged anything, how can I deal with this without my credit being hurt?
2 Answers from Attorneys
Re: Credit reporting
Either you were the victim of identity theft or you did, in fact open the account. If you write to despute the debt, the agency has to stop all actions until its gets verification of the debt. To do oitherwise would violate the FDCPA and the CA FDCPA. If they are playing a shell game you might have to sue. I can help off list if you'll contact me directly.
Re: Credit reporting
You may have a claim against both companies under the Federal and State Fair Debt Collection Act. We would have to review the documentation you have. Please contact us if you have any questions.
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