Legal Question in Credit and Debt Law in Louisiana

In a case where there are two individuals in the same city with the same first and last names. For clarity, one is C J and one is CG J. C J has been a person who has written NSF checks and accruing unpaid debts. Those unpaid debts were levied as liens against C G J property without his knowledge. C G J finds out about it when he starts to build on his property and has to go through the process and inconvenience of having to prove his identity and that the debts were not his and remove the liens from his property. Now he is in a dispute with Walmart because C J has written NSF checks and Walmart has assigned the debt to C G J. Walmart has turned the situation over to a bill collector. C G J works at a plant and is not free to get to a phone to talk to the collections agency and they will not discuss the matter with his wife. The only recourse is for CGJ to take off from work to talk to this agency. Is there a law whereby the responsibility lies with retail agencies to determine the identity of persons before they can assign debt to said persons? Does CJG have some legal recourse? The collection agency refuses to talk to Mrs CJG even though she has power of attorney and could verify drivers license numbers etc.


Asked on 7/14/15, 4:40 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

Yes. The federal Fair Debt Collection Practices Act and the Fair Credit Reporting Act both can call for stiff penalties and damages and attorney's fees for violations done negligently or maliciously. There is a wealth of information online about both laws and many attorneys handle claims under the acts.

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Answered on 7/15/15, 4:01 pm


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