incorrect debt
Date: Mon, 05/22/2006 - 17:13
I am told that I owe $112.17 since 2003 to a book club. In the first place my name was incorrectly spelled on the debt notice; I have never had interest in this book club (One Spirit) and there were 3 persons living, temporarily, at my residence during this time. What is a person to do if someone uses their name (albeit mispelled!) to obtain products and not even sure, nor can prove who did it? I never saw the "books" and am feeling put in a spot as to what to do!? Kathy Emmett-Meek
Kathy, I'm assuming because the debt is so old that it is with
Kathy,
I'm assuming because the debt is so old that it is with a third party collections agency and if it is then you should send them a debt validation letter certified mail with return reciept. If they can't accurately validate the debt, then under the FCRA and the fdcpa you do not have to pay. See sample letter below.Quote:
ABC Collections 123 NotOnYourLife Ave Chicago, IL Date: Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for ???verification??? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: ??? What the money you say I owe is for; ??? Explain and show me how you calculated what you say I owe; ??? Provide me with copies of any papers that show I agreed to pay what you say I owe; ??? Provide a verification or copy of any judgment if applicable; ??? Identify the original creditor; ??? Prove the Statute of Limitations has not expired on this account ??? Show me that you are licensed to collect in my state ??? Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: ??? Violation of the Fair Credit Reporting Act ??? Violation of the Fair Debt Collection Practices Act ??? Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I am revoking, in writing, any and all voluntary wage assignments you may have or had. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose. Best Regards, Your Signature Your Name |
home sale
I have been unemployeed for over 2 years and in this time I have withdrawn 401k to live. Last year I had to take out 22,000 dollars to pay my taxes. I recently sold my home and made 60,000. I figure this year I will owe 28,000 in taxes. I owe 38,000 to my creditors and was wondering if I could still file bankrupcy. Thank you for any help you can give me.
bankruptcy
You cannot file Chapter 13 if you are unemployed. You cannot file Chapter 11 as an individual because it requires a reorganization of your incoming assets and new notes established with your creditors. It is possible you could file Chapter 7. In chapter 7, you pretty much give up all your assets for the trustee to liquidate. Since you've already sold your house, your equity is an asset. You are allowed to reaffirm debts that you want to keep (like a car loan) or you can liquidate that property also. Your creditors go on a list as to secure and unsecured debt. If you have school loans or child support, you are not released from those debts, but unsecured debt such as credit cards would have to stop harassing you and accept the settlement from your liquidated assets. The trustee will not take everything from you. Go to the bankruptcy website in your jurisdiction to download chapter 7 forms so you can evalute the questionnaire. It may give you some insight. You can file the papers yourself without an attorney if you feel capable.