“Dear Steve,
I have a medical bill thats on collection that doesn’t belong to me. I tried to dispute but the only one of the credit bureau. Its a medical for a doctor, i never been to. When i call the collection agency, they told me its for a yessenia torres, when she took her daughter to the doctor.
I advice them that i don’t know no person with that name. They said i do cause they got my listed as her daughter father. i told them i didn’t have anything kids. So they told me it must be an old girlfriend i don’t remember about.
Then i send them a letter to verify the debt to prove to me that its mines. The only thing they send was a paper with the amount the bill is for and the name yessenia torres. My name was nowhere to be found or signature. When i first call them and gave them my information, they couldn’t find it.
It was on another name, Jonathan Torres. my name is jonathan hoyte. They didn’t have no informantion about me and now when i called them its like they updated every after i talked to them.
What can i do to remove this from my credit report?
Can u please help me. I tried everything.
Jonathan”
Dear Jonathan,
I can certainly understand how frustrating that is. Since this is a bit of an unusual situation I think I would suggest a process that has a few steps to it.
Step 1
If you have not done it already, I would send a second debt dispute letter to the collection agency. You can see a sample letter and the process to follow at How to Dispute and Ask a Debt Collector to Validate a Debt.
But I would also let the collection agency know that the purpose of this second letter is to not only ask for proof you are the responsible party but also if they can’t prove you are the responsible party, which you claim you are not, that you want to lay the groundwork to refer this matter to an attorney that specializes in Fair Debt Collection Practices Act violations.
Let them know as soon as you hear back from them you will dispute the debt with the credit bureau that is reporting it. If they are unable to properly verify the debt as one you are responsible for and they verify the debt with the credit bureau when you dispute it you will talk to the attorney about additional Fair Credit Reporting Act violations.
Send this letter by certified return receipt requested mail. When you get the green card back, staple it to the copy of the letter you sent.
Step 2
Wait to hear back from the collection company. I’d give them 30 days from the receipt of the letter.
If they have not voluntarily removed it at this point then move on to step 3.
Step 3
Contact the credit bureau that is reporting the incorrect account. Send them a letter explaining the debt is not yours and enclose copies of the information back from the collection agency that demonstrates the account is not yours. Also enclose a copy of the letter you sent the collector explaining the account is not your responsibility.
Send this letter certified return receipt requested as above. Staple the green receipt card to your copy of the letter and keep this with the first one. Keep them both with your other important papers.
Give the credit bureau 30 days to respond.
Step 4
Hopefully by now the matter was dealt with and the account was removed and the collection agency has stop contacting you.
If not, click here, and contact one of the attorneys that specializes in FDCPA, or FCRA violations.
By following the earlier steps you will have laid out an easy case for the attorney to deal with this.
Please post your responses and follow-up messages to me on this in the comments section below.
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