5 ms·

I'll do no such thing. Someone else made a mistake and therefore I have to pay a lawyer to fix it? It's not a legitimate debt, but it goes to show how anyone ca

by yardie 7y ago

I'll do no such thing. Someone else made a mistake and therefore I have to pay a lawyer to fix it? It's not a legitimate debt, but it goes to show how anyone can put anything in anyone's file and these information brokers will suck it up and pass it around without even the most basic sanity checks. The FCRA was a good start but an American GDPR would be better.

dekhn 7y ago
Are you sure you want to risk long-term credit problems because you refuse to interact with a debt collector? I don't think that's wise.
- jimktrains2 7y ago
  If they're not on the debt, hence why the collector won't talk to the adults, and the debt is in the name of a 10yro, won't that disappear by the time the kid's 18 and not show up on the parents' record?
  - dekhn 7y ago
    I'm not aware of any debt erasure that occurs when you're 18.
    - jimktrains2 7y ago
      I meant I thought debt falls off your report after so many years.
    - toast0 7y ago
      He's got 8 years to go until 18; doesn't unpaid debt fall off your credit report by then?
      - dekhn 7y ago
        it's complicated. also, even for a minor I'd work to eliminate invalid debt rather than wait out the statue of limitations.
  - mixmastamyk 7y ago
    Good debts stop showing after ten years. Ask me how I know. Do bad debts?
mszkoda 7y ago
You shouldn't need a lawyer, but it may require a couple hours of time (but not all at once). The next time they call, tell them that the person they are looking for is a minor and you are their guardian and because of that you are required to speak on their behalf. Immediately inform them that all further communication must be done in writing and that you are requesting that they validate the debt in writing. They are required by law to communicate in writing if you request it and to also validate the debt. If the next letter from them is not a debt validation, you should send them a simple cease and desist response stating they have not validated the debt and may no longer contact you. Send it certified, return receipt requested. Keep a copy for yourself. If it doesn't stop at that point, you will need a lawyer, but it will most likely be at no cost to you: If they send you another letter or call you again attempting to collect, get their information and if you are inclined, contact a debt collection attorney. You would be able to sue them for up to $1,000 per incursion plus the fees from your lawyer. Provided you collected their information and have your initial letter, it should require very little time from you to go through the legal process.
- wool_gather 7y ago
  +1 to this -- and I'll add that you can find decent sample legally-phrased "f••• off, idiots" letters on the web (they should cite a specific U.S. law that establishes the two requirements mentioned: communication in writing, and verification of the debt on demand -- I can't recall the law's citation number off the top of my head).
gamblor956 7y ago
Asking for proof of debt doesn't require a lawyer and almost always results in them going away.
EpicEng 7y ago
You have avenues open to you. Is it fair? No, but since when is life always fair? Don't cut off your nose to spite your face.
- gameswithgo 7y ago
  opting out of the entire credit system isn't really cutting off your nose. it is quite nice.
  - EpicEng 7y ago
    I don't believe that to be true but, in this case, it's a parent opting their ten year old out of it. The point is that this can be resolved to their benefit. Instead, they would rather scream about it being unfair. No one cares; the only people who get hurt will be them.
    - jimktrains2 7y ago
      Is it really to their benefit of they loose money unrelated to the supposed debt doing it?
      - EpicEng 7y ago
        Yes, because it's better than the alternative (ruining the credit rating of your ten year old, something they'll have to fix 8+ years from now). A perfect solution doesn't always exist. In this case it's very unlikely they would need to hire a lawyer anyway.
        jimktrains2 7y ago
        I thought debt falls off your report after so long? A perfect or at least more ideal solution would be a response asking for age verification and not ignoring the parents because it's not their name.
        7y ago

by yardie 7y ago

dekhn 7y ago

Are you sure you want to risk long-term credit problems because you refuse to interact with a debt collector? I don't think that's wise.

jimktrains2 7y ago
If they're not on the debt, hence why the collector won't talk to the adults, and the debt is in the name of a 10yro, won't that disappear by the time the kid's 18 and not show up on the parents' record?
- dekhn 7y ago
  I'm not aware of any debt erasure that occurs when you're 18.
  - jimktrains2 7y ago
    I meant I thought debt falls off your report after so many years.
  - toast0 7y ago
    He's got 8 years to go until 18; doesn't unpaid debt fall off your credit report by then?
    - dekhn 7y ago
      it's complicated. also, even for a minor I'd work to eliminate invalid debt rather than wait out the statue of limitations.
- mixmastamyk 7y ago
  Good debts stop showing after ten years. Ask me how I know. Do bad debts?

mszkoda 7y ago

You shouldn't need a lawyer, but it may require a couple hours of time (but not all at once). The next time they call, tell them that the person they are looking for is a minor and you are their guardian and because of that you are required to speak on their behalf. Immediately inform them that all further communication must be done in writing and that you are requesting that they validate the debt in writing. They are required by law to communicate in writing if you request it and to also validate the debt. If the next letter from them is not a debt validation, you should send them a simple cease and desist response stating they have not validated the debt and may no longer contact you. Send it certified, return receipt requested. Keep a copy for yourself. If it doesn't stop at that point, you will need a lawyer, but it will most likely be at no cost to you: If they send you another letter or call you again attempting to collect, get their information and if you are inclined, contact a debt collection attorney. You would be able to sue them for up to $1,000 per incursion plus the fees from your lawyer. Provided you collected their information and have your initial letter, it should require very little time from you to go through the legal process.

wool_gather 7y ago
+1 to this -- and I'll add that you can find decent sample legally-phrased "f••• off, idiots" letters on the web (they should cite a specific U.S. law that establishes the two requirements mentioned: communication in writing, and verification of the debt on demand -- I can't recall the law's citation number off the top of my head).

gamblor956 7y ago

Asking for proof of debt doesn't require a lawyer and almost always results in them going away.

EpicEng 7y ago

You have avenues open to you. Is it fair? No, but since when is life always fair? Don't cut off your nose to spite your face.

gameswithgo 7y ago
opting out of the entire credit system isn't really cutting off your nose. it is quite nice.
- EpicEng 7y ago
  I don't believe that to be true but, in this case, it's a parent opting their ten year old out of it. The point is that this can be resolved to their benefit. Instead, they would rather scream about it being unfair. No one cares; the only people who get hurt will be them.
  - jimktrains2 7y ago
    Is it really to their benefit of they loose money unrelated to the supposed debt doing it?
    - EpicEng 7y ago
      Yes, because it's better than the alternative (ruining the credit rating of your ten year old, something they'll have to fix 8+ years from now). A perfect solution doesn't always exist. In this case it's very unlikely they would need to hire a lawyer anyway.
      - jimktrains2 7y ago
        I thought debt falls off your report after so long? A perfect or at least more ideal solution would be a response asking for age verification and not ignoring the parents because it's not their name.
        7y ago