Debt Collector Wants Proof

In Summer of 2003, my wallet was stolen. I called my bank, and the credit bureaus,and assumed that it was taken care of. I later found out that I needed to file a police report for them to accept it. I never did. And when thy started charging me interest on the amount I closed the account and changed banks.

A few years later, a collection agency called my Mothers House, and left a message. She called them back asking what it was about, and they told her.
I called them, as soon as she told me about it, and read them the riot act for discussing my financial affairs with anyone other than myself, and further disputing that any amount originating from that account to be fraudulent, as it had been charged by thieves. Then things got quiet again.

Then last year a letter was sent to my mothers house from Troon Company,LLC.  My mother held it for me and I called them and gave them my phone number and address and further disputed the amount as fraudulent. I also warned them not to harass my mother anymore, that they now had a way to get a hold of me, and had no reason to contact her any longer. They have since sent more letters to her house.

Recently, I have contacted them and asked to speak with a supervisor. After our discussion, he said that he would cancel the account and stop trying to collect on me if I could offer up some proof that the balance was not mine, that it was in fact fraudulent. He also said he would put the account “on hold” for two weeks but after that he would send it to his “legal department”.

Does this mean That I should get a Police affidavit and direct it to his attention?

Matt 

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Hello Matt,

A letter stating the account is not yours and is the result of fraud.  Make the statement “I declare under penalty of perjury that these statements are true and correct.”  Then have your signature notarized.  You’ve now created an affidavit and that should suffice as “proof that the balance was not mine”.

Throw in a cease communication, send by CMRRR, and call it a day.

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.