Expert: Chris Ebert - 6/5/2009

Question
In 2003 while going through a divorce, my spouse (we were separated at the time) obtained a wireless phone from verizon in my name without my knowledge or permission. At that time, Verizon attempted to collect a debt of $350.  I repeatly asked to be sent the signed contract that they say I signed and the billing statements.  They never produced the contract nor the billing statement. Over the years I have sent Verizon letters disputing the debt and I have disputed the debt on my 3 credit reports. Two of the credit reporting agencies eventually removed the debt.  When I reviewed my free credit report this year, I noticed that Midland Credit Management has reported this old debt (now $1,100)on my credit reports and with an open date as of March 2008 and reported since 12/2007.  I have never received any correspondence from this company and never paid anything on this debt.  There is a comment that says account in dispute under Fair Credit Billing Acts. Can they re-post this debt with a start date of 2008 and try to keep it on for an additional 7 years?  Do I need to file a lawsuit to settle this matter?

Answer
Sandy,

You have a couple of issues going on here.

1) The Verizon debt itself. With Midland you can call and let them know that you have been a victim of identity theft. From you what you have said you did not give your husband permission to open up the account in your name or social. You can fill out the ID theft and usually they will remove the derogatory.

2) The second issue is the re-aging of the debt. Re-aging of a debt is illegal. You will need to speak with an attorney about your ability sue and what your realistic outcomes are. You can find local consumer attorneys by going to www.naca.net or by call us at (214) 552-6647.