Legal Question in Credit and Debt Law in Missouri

Collection Letter Sent to Wrong Person

A collection agent for the US Dept of Education sent me a letter claiming that I was in default. I do have a loan from the Dept of Education but my payments on it are not past due. The name on the letter has only a first and last name and these match mine (my first and last names are fairly common), although the name does not match the name on my account because that includes my middle initial. This is the second time that this has happened. Is there some way to put an end to this, or do I have to contact the collection agent each time to convince them that they have the wrong person? And more generally, can credit agents legally send collection letters to all people that match a name and require each person to prove that they aren't the person in debt?


Asked on 1/19/02, 8:45 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Collection Letter Sent to Wrong Person

This is a common problem. If you identify yourself to be the wrong person to them by providing them your information, they have an obligation to back off and take no further action. However, I would strongly suggest that you check your credit report frequently to make sure that false reports are not being generated.

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Answered on 1/22/02, 8:23 pm


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