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I have been contacted several times about a debt that is not mine. What can I do to get them to stop calling?!

Seattle, WA |

Starting in 2009, I've been called repeatedly regarding a CapOne debt. With the first collector, I called CapOne directly- they wouldn't talk to me because my SSN didn't match the one on the account. Generally, I write a letter asking them to verify the debt and they stop calling until the debt is sold, sometimes to the same company or firm. Then the calls start again. My credit report is clean- so this is really just annoying. Everyone I've talked to has been very nice & professional and agree to add a note to the file. It just doesn't seem to help. Oh- most of these calls are from CA. Many thanks in advance for your time

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Attorney answers 1


It appears you are patiently following the rules, and, if want the results to move to a higher level, start doing more.
If you have not already, the collection companies need to receive a written demand, by certified mail, return receipt requested, requesting they cease and desist from contacting and calling you, for the reasons you have, including that they verify the conflict in social security numbers.

You should also send a separate letter to the present owner of the debt, if you do not have their address, then send it them care of their agent, the collection company.
In my opinion, there should be a clear and continuing violation, well documented with a journal of notes listing the calls, dates and persons etc; even though only one violation may be required under the law, to bring a lawsuit.

You would benefit from contacting a debt defense attorney, to consider bringing a lawsuit in federal court, for these violations.

File a federal lawsuit, and you likely get their attention, and if you can maintain the interest of the federal court, you likely will be awarded a small recovery, which may include your much larger attorney's fees.

General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.



Thank you! I have noted contact with the 4 -5 companies involved going back to 2009, including an apology from one firm. I have not sent a letter to the current debt owner,and will do so.

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