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How do you respond to collection attempts for stolen checks from a closed account which were fraudulantly written?
Wiki User
∙ 8y ago
Consumers should respond to collection attempts in the same manner regardless of how the account originated. The first step is to find out what your rights are under federal and state law. The second thing step is to exercise those rights.
www.ftc.gov has a link that will allow you to print off a copy of the Fair Debt Collection Practices Act. You might also want to print off a copy of the Fair Credit Reporting Act. Your own state may have additional laws which offer protection.
Since your issue is one that involves criminal activity, you may want to also pursue another avenue. Having a police report (even one filed for informational purposes) lends any story you assert much more credibility. The FTC also has information about identity theft and fraud which may apply to your case.
Think of it this way: If I sent you a letter saying, "Joe told me to write you. Pay me the $500 you owe him." What type of questions would come to mind?
1) What proof can I provide to you that you owe Joe money? 2) What proof can I provide you that I am allowed to collect for Joe? Do I "own" the debt or did Joe just tell me to get the money from you? 3) Is the "original loan" legal? Are Joes's attempts, and mine, to collect it legal, and properly regulated? (see licensing and bonding requirements for your state AND the state that the collection agency operates in) 4) Can I provide some written proof that there was ever a contract, or promissory note, or (in your case) an enforcable instrument of commerce that you need to pay?
It's not enough for you to simply know that you were the victim of fraud. Become proactive or you will end up being held liable for something that happened to you. I wish you luck!
Wiki User
∙ 8y ago
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Either you can ask what collection agency the company you originally owed deals with or you will have to obtain your own credit report. * If the debtor did not respond to the 30 day clarification notice, the collection agency has no legal obligation to inform the debtor of the creditor, amount owed, etc. unless litigation is initiated. The debtor's credit report may or may not indicate which account has been sent to collections, as credit bureaus are very lax in keeping timely data on consumer's.
