Bogus US debt - complicated story, please read.
Date: Thu, 06/17/2010 - 00:02
Two and a half years ago I was involved in an accident in Montreal, Quebec with a man from Vermont. After cutting into my lane in traffic, the individual broke and my car skidded into his van. He then drove off, without exchanging information or waiting for the police officers. I was driving my mothers car, but I was insured as the second driver.
The police caught up with him, and wrote up a police report. On it, it clearly states that the man did what I said above and that the accident was no fault of my own.
Not wanting to bother with my insurance, I fixed the car at a garage I know. Within a month, I had moved apartments and was no longer on my old address.
Fast forward a year and a half later, I get a phone call (my house phone # hadn't changed) stating that I owe 1400 $ US to someone in the states. Turns out the man in the van claimed damages with his insurance agency in the states, and then charged a collections agency with squeezing the bill out of my pocket. Or something to this effect.
To add a twist to the story, the agency is looking for my mother (!) as they claim it was with her that the accident was with. On the police report that I had obtained at my own cost, it clearly states I was the driver. This might be happening because the car was under her name.
Fast forward a year later, they are still calling me, and telling me that I need to tell them where my mother is. For everyones info, she is in Europe and won't be visiting the states any time soon.
What the hell do I do? I want them to stop calling me. The accident was not my fault, not my mothers fault, the man ran from the scene of the accident (a criminal act under canadian law - jail time) and had NO visible damage to his car (old Dodge Caravan). I assume that he also had the cars insurance info.
Everyone is telling me to stay put. What is your advice? Any words are kindly appreciated.
Best regards,
Mark
Send them a copy of the police report ....it shows you at no fau
Send them a copy of the police report ....it shows you at no fault and it was a hit and run. Tell them to blow sand...and maybe send them a copy of your repair bill.
Re
I was thinking of calling them, telling them to blow sand, and then changing my number. Remember this is a cross border case - me being in QC Canada - and them being in Vermont.
I'm afraid that if I do respond and give them my address it will open the flood gates - and they can put this into court (in the US - remember the accident was in Montreal QC and therefore subject to Canadian Law??) and get a default judgement against me? Force the issue in a Canadian court and then not only force the money out of me but also make me pay the court costs?
Am I over analyzing? Thanks for the fast response - this board is an interesting read.
reply
I was thinking of calling them, telling them to blow sand, and then changing my number. Remember this is a cross border case - me being in QC Canada - and them being in Vermont.
I'm afraid that if I do respond and give them my address it will open the flood gates - and they can put this into court (in the US - remember the accident was in Montreal QC and therefore subject to Canadian Law??) and get a default judgement against me? Force the issue in a Canadian court and then not only force the money out of me but also make me pay the court costs?
Am I over analyzing? Thanks for the fast response - this board is an interesting read.
Follow the advice you received from Soaplady! Send a copy of the
Follow the advice you received from Soaplady! Send a copy of the report! They are not going to pursue across borders if they have no case! It is not worth it to them! I would not use "blow sand" as a response however! Please refrain from any further communication regarding this matter or I will seek seek legal counsel sounds better to me!
I would send them a cease and desist letter and if they continue
I would send them a cease and desist letter and if they continue to call then consider changing your phone number. I think it would be very unlikely that they would ever sue in the US for this. The problem they face is they have to legally serve you or you can use it as a defense to overturn any judgment they obtain. If they did get a judgment then they have to jump though a bunch of hoops to convince a foreign court that it is legitimate. I would think you would be allowed to defend yourself again at that step if necessary and get it overturned. I think they would spend a lot more than $1400 going through all this trouble and never get paid. I suspect their only option is to harass you into payment which the C&D letter and changing your phone number should fix. Also, keep an eye on your credit reports to make sure they are not impacted negatively by this bogus claim. If they are then you should take steps to remove the items and consider your own claim against the company for FCRA and FDCPA violations assuming Canada recognizes credit reports and those documents.
