Expert: Jason Shear, Esq. - 10/20/2008

Question
I am receiving collection calls and notices from CBCS/Resergent Capital, a collection agency for an MCI telephone account that was opened, and is now closed, at an address I lived at from 6/2006 - 12/2007. The problem is that the account in question was opened in 2001 and closed in 2002! 4 years before I even lived there! I never had a phone at that address, just a cell phone which I still have. I have never had an MCI account in my life. Now they're telling me I have to prove to them where I lived in 2002. This isn't even identity theft, since my information could not possibly have been used to open this account. It looks like they're just trying to pin this account on anyone who ever lived at this address. I'm not even sure I can come up with anything in my records to show where I lived in 2002 (which was California, by the way). What can I do?

Answer
Christine:

Sorry to hear that you have to deal with an agency such as this one.
First of all, you do not have to prove anything to Resergent.  You might be correct when you state they are pinning this account on anyone who ever lived at this address.  Debt purchasers/collection agencies, such as the one you are dealing with, receive little paper work and information when they buy these old accounts.  However, that is not your problem, make them prove you had this telephone account.  Ask them to provide copies of MCI statements and proof of payments that you made on this account in 2001-2002.

First, what you should do is not take their telephone calls.  Next, send them a cease communication letter telling them not to contact you in any way and that you dispute this account because it is not yours.  After they receive your letter they can not contact in any way except one more time to inform you that they received your letter and that they plan to invoke a specific remedy.  An example of a specific remedy would be that they are going to sue you.  Be sure to send the letter certified/return receipt and bring a friend to the post office with you to be a witness to the contents of the letter that you will send.  If they do contact you again, except for the one time I mentioned above, you can sue them under the Fair Debt Collection Practices Act (FDCPA).

Hope this was helpful.  If you have any questions about what I told you or require anything further do not hesitate to call or write.

Jason Shear, Esq.
NY Consumer Attorney
716-566-8988