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?


Asked on 10/06/07, 2:42 pm

2 Answers from Attorneys

Brian Corber Brian Lee Corber, Attorney at Law

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.

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Answered on 10/06/07, 6:30 pm
Larry Rothman Larry Rothman & Associates

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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Answered on 10/17/07, 8:01 am


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