5 Steps For Identity Theft Victims To Deal with Debt Collectors

April 11, 2008

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Often the first clue that our identity has been stolen is a phone call or letter from a collection agency. If you have been a victim of identity theft, then you should not be responsible to pay any debts incurred, but convincing a debt collector of that is something else altogether.

More often than not the people calling you are not the creditors themselves, but some third party that has purchased the debt. Their entire business model is getting that money from you, so they will be very, very motivated.

Here are the steps you need to take to stop a debt collector from harassing you when you have been an identity theft victim.

1. Make sure to document and keep a log of everything. Keep all envelopes received, notes about conversations including times, and dates, everything
2. Tell the collector that you don’t want any more phone calls and you want all correspondence in writing. Tell them that you want to be the only person contacted. Follow up your request in writing
3. Write the collector advising them that you are a victim of identity theft and that you do not owe any money. By law, if you inform a collector that you are an identity theft victim, they must tell the original creditor. A great letter for this is here
4. Ask the collector for proof that the debt belongs to you. Request the debt application and/or copies of the receipts. They must by law provide this
5. Use whatever information is provided to show that it is not you that applied. Compare signatures etc. It is up to the collection agency to prove that it is your debt if you say that it is not

Remember that this is only for getting a debt collector to leave you alone. It will not actually remove the debt. For that, you want to take the steps to fix identity theft.

Stories about unscrupulous debt collectors are everywhere. Remember, the Fair Debt Collection Practices Act and the Fair and Accurate Credit Transactions Act are your friends. Don’t be afraid to use them and don’t be pushed around.

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Posted in Identity Theft, Identity Theft Recovery