Legal Question in Credit and Debt Law in California

I received a notice from Portfolio Recovery Assoc. claiming that I owe money on an apparent credit card that I know nothing about. They refer to a "Capitol One Bank" account. I pulled my current credit report and found nothing at all in collections on me, and no mention of Capitol One Bank anywhere in closed or open accounts.

What should I do about the notice, which I suspect is fraud?

Thank you,

Jack Mortensbak


Asked on 1/10/11, 8:36 pm

1 Answer from Attorneys

Steven Simons Law Office of Steven A. Simons

Portfolio Recovery is a debt buyer - a bottom feeder if you will. Write a letter, certified return receipt, (make sure you keep a copy) disputign the alleged debt. Tell them it is not your debt and ask them to validate the debt. I recently did this for one of my clients and Portfolio closed the account. If they do not respond - call an attorney.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Answered on 1/16/11, 7:07 am


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