we had fraud & identity issues that started in aug 2018 i notified all companies involved, filed reports, followed up with fraud/Identity theft paperwork. supposed to be resolved. one company had a debt collector send a collection of debt letter after was supposed to be taken care of.
If there is written documentation that "taken care of" means the debt was agreed by the creditor not to be yours and that you owe nothing on the account this would likely be a collections violation where you can retain a lawyer on a contingent fee to sue to the creditor/collector for violation of the FCCPA for damages. This is different from a debtors declaration that they dispute the debt as being fraudulent and the creditor disagreeing. At that point it starts as a contract dispute that COULD morph into an FCCPA claim depending on the details of the ID theft/fraud issue. While some companies will accept a police report as sufficient to remove the account, because far to many people have abused false claims of ID theft to cheat creditors on legitimate accounts, others are more demanding of proof, such as an arrest, conviction or at least ID of the perpetrator. Having handed such cases for over 25+ years, I can tell you your best bet is to set down with a consumer lawyer to review the details of the ID theft allegations relative to the account at issue to see if the viable FCCPA claim exists to pursue.
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You may have a cause of action in which you are entitled to compensation. I would consult an attorney to explore your rights.
By answering this question, Law Offices of Samira Ghazal, PA and the person posting the question, have not created an attorney-client relationship. The purpose of this answer is to create a general awareness of consumer rights. In order to determine the specific issues and claim, the person posting the question is suggested to meet in person with an attorney on this list.
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