How do I clear my name with a collection agency?
2.
DO NOT PAY THEM ANYTHING. Payment means that you take responsibility for the debt and they won’t believe you when you say that it isn’t yours.
3. Call the collection agency, talk to their fraud department. Tell them that you are victim of identity theft with a police report.
Never use the words “I want to dispute this account”.
You want to get an address to send a fraud affidavit packet.
4. Write to the collection agencies. Send them a copy of Letter Form 100-2 and Letter Form116 from our website, along with a copy of your police report listing the fraudulent account. Request a letter of clearance from the collection agency.
5. Send everything Certified with Return Receipt Mail.
Do not fax them. This way you will have proof that they received your documents because you will get back a postcard with their signature on it.
Under the Fair Debt Collection Practices Act the collection agency should stop all collections for at least 30days for an investigation. Tell them they cannot continue collecting on that account nor can the sell, trade, give away, donate, or loan this account to another collection agency. They must stop everything for at least 30 days for an investigation.
Keep a record of everyone you speak to over the phone. Names and (if possible) position in company so that you can cite them if you need to talk to a higher up in the company. As well as keep all paperwork that you may receive and copies of everything you send out. This includes all letters, the original police report, your credit reports, the signatures from the Certified Return Receipt Mail and all receipts from when you purchase anything pertaining to your identity theft.
Related Links:
Fact Sheet 116 - Collection Agencies and Identity Theft
Letter Form 100 - 2 Confirmation of Conversation - Letter of Clearance
Letter Form116 Claim of Frauduelnt Account - Collection Agency
Claim of Fraudulent Account - Collection Agency
Contacting the credit reporting agencies