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FDCPA qualified letter (first notice old debt) was sent to my mothers address. Not lived there in 6 years - have no debts there

Ashland, OH |

An first notice of debt collection letter (FDCPA qualified) was sent to my mother's address. I have not lived there in 6 years (since 2006) and have no valid debts from that address. Besides, ALL debts from that address were dismissed in bankruptcy back in 2004. I TRULY BELIEVE that this junk debt buyer is trying to trick me and will serve a SUMMONS to my mother. What should I do? I did not get the letter until only 14 days were left to validate the date (today is day 31 of the date on their letter,) but I've also heard that if you respond like that, they claim you ARE the person they are after and end up getting a lawsuit.
WHAT SHOULD I DO? I know nothing about this claimed debt. (Assuming it is credit card but who knows.)

Attorney Answers 2


  1. Send a request for validation and tell them you dispute the debt. If they don't go away after that call a consumer lawyer. Most, such as myself, will consult with you at no charge.


  2. Debts are not discharged on an "address" basis but on individuals or corporation. This collection agency might have taken this address from your credit report or some other search. Like the other counsel suggested you should ask for validation. Also, possibly it may be a violation of the Bankruptcy discharge and you should contact either your old bk attorney or someone knowledgeable attorney in this regard. It is definitely a legal violation. Oh yeas, one more thing: Pull out your latest credit report and see if it is still there. Once you see it, you can ask the creditor listed on the report to send you verification.

    Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation. However, more fact may be required by your local attorney. If you are in Las Vegas, you are welcome to send your questions regarding Chapter 7, or 13 to Attorney Malik Ahmad at Malik@lasvegaslawgroup.com or www.fastbankruptcynevada.com or by calling (702) 270-9100. In many cases, we do not charge initial consultation fee.

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