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Collections Law/The collection agency has the wrong person!
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Question
Hi there. Thanks for taking time to answer my question. So about 2 weeks ago, I received a summons for 3 parking tickets I believe I got at a University in Washington State (I just asked you a question about this the other day actually!) I do realize I only have 20 days. The collection agency has added attorney fees and service fees to the original bill, and refuse to accept my offer to pay the full balance. I realize, however, when I called in today, that the bill is actually for my father- we both have the same name and address- however, I believe the tickets are probably mine. The account representative says that we both need to call in to clear this issue up. However, since it is their mistake in the first place, can I just have my father call in and say the debt is not his (and make sure they take it off his credit score) ? Would the collection agency have to start all over again from the first place? Could they not be able to take me to court since they technically sent the summons to him and not me? I am worried also because the 20 days are almost up! Thank you so much, I really appreciate it.
If your father got the summons then your father needs to respond with a denial. He will have to go to court and tell the judge that it is not his ticket. He needs to do a bit of research to see whose drivers license is on the ticket. He needs to demand to get a copy of the ticket before he goes to court so he can prove it isn't his driver's license on the ticket. Once he proves the ticket isn't his then the case will be dismissed against him. Then he can dispute with the credit bureaus and get it off his credit reports.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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