Dealing with Collection Agencies

If you have fallen victim to identity theft, you may have found out about it through a collection agency.  As far as the collection agency is concerned, you owe the debt unless you can prove otherwise.  Often these collection agencies are not friendly to consumers and will often make demands or even threats.  As a victim of identity theft, you need to know how to handle these collection agencies properly and clear your name.

Organize

Every conversation with a collection agency should be kept in a spiral notebook or on a computer log.  Record the name of the person you spoke with, date and time of conversation, their company, phone number and any other details you can collect from them.  Ask to speak with a fraud investigator if they have one in-house and continue to communicate only through that individual.  If you find that you are not getting answers you need, then ask to speak to a supervisor.

Keep all correspondence, credit reports and even billing statements in a folder along with your spiral notebook.  By staying organized you can effectively fight your case as well as be prepared if you ever have to go to court.

Speak to the Collectors

Contact the collection agencies involved in the identity theft and explain that these accounts occurred through theft.  Let them know that you are disputing the debt and request all documentation proving the origination of the debt.  Often collection agencies will request an Identity Theft Affidavit in order to proceed, which can be done online at the FTC website.  After you have contacted the collection agency, they are required by law to contact you in writing within five days.  This written notice should contain information such as:

  • *The debt amount
  • *The original creditors
  • *Statement that the consumer has a legal right to dispute that debt within 30 days
  • *Statement that the collection agency is required by law to provide information regarding a debt if requested by a collection agency

Confirmation

Request that all communications with the debt collection agency be done in writing.  Use certified mail to send all of your correspondence and always keep copies of what you send for your records.  If a collection agency has agreed to remove a debt from your credit report, get such in writing.

Monitor Credit Reports

After you have cleared up any fraudulent debts with collection agencies, now is the time to monitor your credit reports to ensure that they remove the debts as agreed upon.  If you note that the debts have not been removed after 30 days, contact both the credit reporting agency and the debt collection agency regarding the matter.

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