Legal Question in Credit and Debt Law in New York

I'm not that person!

My wife just received a letter from an attorney at a collections agency stating that '' this is our second letter to you..,'' and giving account numbers with an out of state bank , requesting immediate payment of 4000+ dollars plus interest. No other info was given except that they will proceed with court action next. There was a toll free number to call , and we did . It appears they are looking for someone with the same name as my wife for a debt incurred in 1992 in East Hampton (75 miles away). My wife never lived in East Hampton , nor was ever married to the ''William'' as they claimed, since she was still married to her first husband (bob). Can an attorney or agency send letters like this to anyone with the same name? Don't they need some proof before threatening legal action? My wifes name is very common , there must be thousands in New York! We have plenty of proof that this is not her , but why should we have to defend against such a claim? The whole thing smells like a scam to fish out the person they are lokking for.


Asked on 3/03/04, 12:52 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: I'm not that person!

This is not uncommon for more than one person to have a name...or it may be a matter of identity theft. In either event, it should and must be dealt with before it gets out of haned and a judgment is issued. Have you ever disputed the debt?

Feel free to contact me with any questions.

Good Luck

RRG

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Answered on 3/03/04, 1:18 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: I'm not that person!

It is not uncommon for this to happen. Fathers and Sons have the same name often and do not use Jr and Sr in their everyday life...you have to be patient and be cooperative. Contact the attorney and provide them with whatever proof you have that you never lived in the area they are alleging (lease, deed, whatever) and eventually they'll leave you alone. As long as their actions are not malicious or offensive, they can, at the least, write to you. Once you've established you are not their debtor they should stop bothering you. If they continue, you may have recourse against them. JUST MAKE SURE YOU COMMUNICATE IN WRITING AND BY CERTIFIED MAIL KEEPING COPIES OF ALL YOUR CORRESPONDENCE. DO NOT, EVER....EVER...EVER...deal over the phone...

Good luck

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Answered on 3/03/04, 4:13 pm


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