How to get rid of someone else's debt collector?
"Sue the debt collectors in small claims court.   There are several example stories around the internet, but this is a well written one from the consumerist. If your phone is a cell phone: ""it  is against the law for a company to  leave a pre-recorded message on your  cell phone."" In fact, the call frequency increased   once they realized they had reached a   live person. I called each of these   companies multiple times, and though I   was given assurances each time that my   number would be taken off of their   lists, the calls continued, morning,   noon and night. At my wits end, I   decided the only way to have the   harassing calls stop was to file suits   against the collection companies. It's   very important to understand that it   is against the law for a company to   leave a pre-recorded message on your   cell phone. Armed with this knowledge,   I filed suit against several of the   collection companies. I filed in small   claims court so I did not need to hire   an attorney, and the process was as   simple as completing a paragraph on a   complaint form. For evidence, I had   over a hundred Google Voicemail   transcripts showing the times the   companies called and the text of the   pre-recorded messages. Mysteriously, the calls all stopped   immediately on the same date the   collection companies received the   certified letters stating they were   being sued. Then a new flurry of calls   began pouring in. This time it was   their attorneys. The attorneys representing these out   of state collection companies were all   desperate to settle out of court. hey   did not want to incur the expense of   traveling for court or hiring a local   law firm who wasn't on retainer. They   also understood they had no   justifiable defense for the calls. To   make a long story short, so far I have   successfully sued 3 of these   collection companies and settled for   more than $5,000 out of court. All it   cost me was $35 and 20 minutes per   suit. Making these companies pay is the only   incentive for them to stop their   illegal and harassing practices. If   more consumers knew their rights and   actually took a few minutes to stand   up for them, it would become less   profitable for these companies to   conduct business the way they do now. -Source And whether you have a cell phone or land line,  It is illegal for the debt collectors to tell you they are calling to collect a debt for someone else under the Fair Debt Collection Practices Act (wikipedia, ftc docs). What Remedies Are Available If The   Debt Collector Violates The Law Under   the Fair Debt Collection Practices   Act, you have the right to sue a debt   collector in state or federal court   within one year from the date of the   violation. If you win, you may recover   damages in the amount of any losses   you suffered as a result of the   violation, plus an additional amount   of up to $1,000.00. You may also be   able to recover court costs and   attorney fees. If the same debt collector has engaged   in unlawful conduct with a number of   consumers, it may be possible to find   a lawyer who will file a class action   lawsuit. -Source With regard to whether you can sue under FDCPA if you are not the debtor, one FDCPA lawyer (take with grain of salt) says yes: Did you know that it doesn't matter if   you owe the account the debt collector   is calling you about or not? If a debt   collector violates the FDCPA (the   federal Fair Debt Collection Practices   Act, 15 USC 1692 et. seq.) that debt   collector could be liable to pay you   statutory damages, actual damages,   attorney's fees, and court costs. -Source" "As a former debt collector myself, I can tell you that we did occasionally get someone claiming that they weren't who they really were. However, it was pretty obvious who was telling the truth after a while. Above all else, just be calm and polite. Technically, you can also say ""do not call this number again"" and they have to stop calling, but I wouldn't do this right off the bat. Its best if they are convinced that you aren't the guy they're looking for. Calmness and politeness are traits that debtors usually lack, sometimes because they are just normal people overwhelmed with their situation, and sometimes because they are irrational loser (sorry, but its true). Either way, if you are consistently calm and unconcerned about their threats, they will either give up or realize you aren't the guy. Eventually they will stop calling you (or at least I know I would have stopped calling you)." Suing is a legitimate option as well as screening your calls but here's another idea which has personally worked and relates to the collections I did for awhile.  Talk with the collector.  Outstanding debt gets sold many times and each time a new collector gets their hands on an account they do their due diligence which means calling every single number multiple times.  Collectors a looking for consumers who actively evade collections calls for years. My recommendation is to use logic and explain the situation.  Give your first name and describe when you received the phone number and then ask a simple question.  When in the last 3 1/2 years have you or any collector had a successful hit from this number.  They'll respond never in 3 1/2 years.  The collector notes the account for themselves and future collectors.  Debt collectors are about about making money, not wasting time and they do review all notes pertaining to an account.  Will it work?  Maybe not but hopefully it will stop the calls with a short conversation.  Good luck. I have been in a similar position for quite a while now and the only thing that seems to help is screening phone calls. I have a long list of collector numbers set to not ring on my phone. They can still leave a voice mail but they never do.  As far as I know there aren't any laws that protect you from nuisance phone calls. FDCPA letters only apply to the debtor and the collector it is sent to it doesn't protect an unrelated third party from getting annoying phone calls. I have a feeling that sending FDCPA letters is just confirming that you probably are the debtor and prolong the collection calls. Step 1)I answer the phone saying it is illegal to call my cell phone and I want all further communications in writing. Put this number on the do not call list and reverse search the number they dialed. Step 2) I say that whoever changed their number and how long I have owned the number and I call forward when they don't stop. I forward calls through google voice and mark them as spam. They get a sorry number was disconnected recording. Step 3) REALLY HARSH. I say the person passed away only if they aren't deterred enough by the previous efforts or they get cross into extreme harassment. Usually Step 1 is enough to stop the calls no matter who they ask for.
Get it in writing from the debt collector first that there will be a pay for deletion.  This is the most fail safe way that I know to get a collections debt completely removed from a credit report, and also without the chance of it being put back on the report by another agency. This doesn't seem to explain the odd behavior of the collector, but I wanted to point out that the debt collector might not actually own the debt. If this is the case then your creditor is still the original institution, and the collector may or may not be allowed to actually collect. Contact the original creditor and ask how you can pay off the debt. First things first, its always good to set the records straight. When you are trying to clear your debt do them one by one and ask the collection agent that you would pay in full only if the records would be deleted from your credit history and most of the collection agencies are happy to take it off your credit report as they are getting the money. This would work generally only when you pay the full amount. I can guarantee you this because I have tried it myself after hearing about it from my friends.  If you have already paid whole amount already then records of your payments generally will not be available after 2 years with any banks even the big ones like Bank of America or Wells Fargo. That means if they don't have the records no body else would because its a burden as your payment is written off. You can file a dispute to credit bureaus for your payment history and if they couldn't provide you the history they have to take your record off your history even they know that you have delinquent history because they don't have enough proof to confirm that. And when you file a dispute its always good to file it by paper as they have to write back and you can ask hard copies of the proofs which are very difficult to get. One more thing if you want to dispute it might take couple of months atleast and you need to have patience because you already might have known how important credit history is. "The lead story here is you owe $12,000 on a car worth $6000!!  That is an appalling situation and worth a lot to get out of it.  ($6000, or a great deal more if the car is out of warranty and you are at risk of a major repair too.)  I'm sorry if it feels like the payments you've made so far are wasted; often the numbers do work out like this, and you did get use of the car for that time period. Now comes an ""adversary"", who is threatening to snatch the car away from you.  I have to imagine they are emotionally motivated.  How convenient :) Let them take it.  But it's important to fully understand their motivations here.  Because financially speaking, the smart play is to manage the situation so they take the car. Preferably unbeknownst that the car is upside down.  Whatever their motivation is, give them enough of a fight; keep them wrapped up in emotions while your eye is on the numbers.  Let them win the battle; you win the war: make sure the legal details put you in the clear of it.  Ideally, do this with consent with the grandfather ""in response to his direct family's wishes"", but keep up the theater of being really mad about it.  Don't tell anyone for 7 years, until the statute of limitations has passed and you can't be sued for it. Eventually they'll figure out they took a $6000 loss taking the car from  you, and want to talk with you about that.  Stay with blind rage at how they took my car.  If they try to explain what ""upside down"" is, feign ignorance and get even madder, say they're lying and they won, why don't they let it go?  If they ask for money, say they're swindling. ""You forced me, I didn't have a choice"".  (which happens to be a good defense.  They wanted it so bad; they shoulda done their homework.  Since they were coercive it's not your job to disclose, nor your job to even know.)  If they want you to take the car back, say ""can't, you forced me to buy another and I have to make payments on that one now.""" The bank will sell your debt to a collection agency, that will then follow you everywhere you go and demand payment. They will put a negative notice on your credit report preventing you from getting any new credit, and might sue you in court and take over some or all of your assets through court judgement. "This will probably require asking the SO to sign a quitclaim and/or to ""sell"" him her share of the vehicle's ownership and getting it re-titled in his own name alone, which is the question you actually asked. To cancel the cosigner arrangement, he has to pay off the loan. If he can't or doesn't want to do that in cash, he'd have to qualify for a new loan to refinasnce in his name only, or get someone else (such as yourself) to co-sign. Alternatively, he might sell the car (or something else) to pay what he still owes on it. As noted in other answers, this kind of mess is why you shouldn't get into either cosigning or joint ownership without a written agreement spelling out exactly what happens should one of the parties wish to end this arrangement.  Doing business with friends is still doing business." "The debt collection agency needs to see a copy of the notice from the bank that the $300 charge is a disputed and fraudulent charge. Also require them to provide proof. To reduce your stress, you should contact a lawyer to handle the debt collection agency.  Disputing the information on your credit report is exactly the way to ""fix"" that issue. All they need to see is the bank letter stating that the charges were fraudulent. The credit reports should show that item as disputed for at least a month if not remove it entirely. The bank should be able to provide with copies although you may have to pay a research charge if the information is old enough. I recommend talking to your local branch manager to get what you need." There are a number of ways to get out of debt. First, stop spending on that card. You could apply for a 0% APR credit card and if you qualify with a credit limit equal (or higher) than what you have now, then you could transfer the balance and start on paying that down. You could also work out a payment plan with Chase - they would rather have some of the money vs. none of it. But you need to reach out sooner rather than later to avoid having it sent to collections.  Since your cash flow is terrible, you could also pick up a second or third part time job - deliver pizzas, work at the mall, whatever, to help increase your cash flow and use that money to pay down your debts.  The Federal Trade Commission has some resources on how to cope with debt. @littleadv has said most of what I'd say if they had not gotten here first. I'd add this much, it's important to understand what debt collectors can and cannot do, because a lot of them will use intimidation and any other technique you can think of to get away with as much as you will let them. I'd start with this PDF file from the FTC and then start googling for info on your state's regulations. Also it would be a very very good idea to review the documents you signed (or get a copy) when you took out the loan to see what sort of additional penalties etc you may have already agreed to in the event you default.  The fee's the collector is adding in could be of their own creation (making them highly negotiable), or it might be something you already agreed to in advance(leaving you little recourse but to pay them). Do keep in mind that in many cases debt collectors are ausually llowed at the very least to charge you simple interest of around 10%.  On a debt of your size, paid off over several years, that might amount to more than the $4K they are adding.  OTOH you can pretty much expect them to try both, tacking on 'fees' and then trying to add interest if the fees are not paid.   Another source of assistance may be the Department of Education Ombudsman: If you need help with a defaulted student loan, contact the Department of Education's Ombudsman at 877-557-2575 or visit its website at www.fsahelp.ed.gov. But first you must take steps to resolve your loan problem on your own (there is a checklist of required steps on the website), or the Ombudsman will not assist you. If one does pay, one should only pay after they get a letter stating such a payment fully satisfies the debt. Then, one should only pay via money order or cashiers check.  Never pay by personal check or credit card.  Send such a payment via certified mail to ensure delivery. As stated in other answers: There might be an issue of honoring your debts, but that doesn't come into play here.  You already didn't pay your debt, and the original owner of the note already took money.  Paying this debt is only money in pocket of the debt collector.  The scammier they are, and the worse they treat you would factor in. Maybe you know something I don't, but as far as I'm aware, you can't get rid of it.  **Student loans are with you for life**.  You will be sent to collections, but it doesn't disappear after 7 years.  Settlements are incredibly rare unless your loan is ballooning... in which case, a settlement doesn't change all that much.  You will lose tax benefits, the government will garnish 15% of your wages, and you will be a debt slave until it's paid off.  Defaulting on student loans is much, much more painful than defaulting on private loans.  The *only* exception to this is if you've made 120 months of repayments while employed at a qualifying non-profit or governmental organization.  And even then, it only applies to federal loans and there are exceptions (better not refinance or the clock resets, for example).  Also, if you default, you will no longer be eligible.  Private student loans have no escape hatch and are equally unforgiving.  Thank your elected representatives. "Step one: Contact the collection agency. Tell them that they have the wrong person, and the same name is just a coincidence. I would NOT give them my correct social security number, birth date, or other identifying information. This could be a total scam for the purpose of getting you to give them such personal identifying information so they can perform an identity theft. Even if it is a legitimate debt collection agency, if they are overzealous and/or incompetent, they may enter your identifying information into their records. ""Oh, you say your social security number isn't 123-45-6789, but 234-56-7890. Thank you, let me update our records. Now, sir, I see that the social security number in our records matches your social security number ..."" Step two: If they don't back off, contact a lawyer. Collection agencies work by -- call it ""intimidation"" or ""moral persuasion"", depending on your viewpoint. Years after my wife left me, she went bankrupt. A collection agency called me demanding payment of her debts before the bankruptcy went through. I noticed two things about this: One, We were divorced and I had no responsibility for her debts. Somehow they tracked down my new address and phone number, a place where she had never even lived. Why should I pay her debts? I had no legal obligation, nor did I see any moral obligation. Two, Their pitch was that she/I should pay off this debt before the bankruptcy was final. Why would anyone do that? The whole point of declaring bankruptcy is so you don't have to pay these debts. They were hoping to intimidate her into paying even though she wouldn't be legally obligated to pay. If you don't owe the money, of course there's no reason why you should pay it. If they continue to pursue you for somebody else's debt, in the U.S. you can sue them for harassment. There are all sorts of legal limits on what collection agencies are allowed to do. Actually even if they do back off, it might be worth contacting a lawyer. I suspect that asking your employer to garnish your wages without a court order, without even proof that you are responsible for this debt, is a tort that you could sue them for." "Step 1. Log onto chase.com  Step 2. Click on the account in question  Step 3. Add ""Outstanding balance"" to ""Pending charges""  Step 4. Pay said total amount  With all the energy you spent trying to find out if they're doing something illegal, you could've resolved the original issue yourself and be done with it." The issue is that the lender used two peoples income, debts, and credit history to loan both of you money to purchase a house. The only way to get a person off the loan, is to get a new loan via refinancing. The new loan will then be based on the income, debt, and credit history of one person. There is no paperwork you can sign, or the ex-spouse can sign, that will force the original lender to remove somebody from the loan. There is one way that a exchange of money between the two of you could work: The ex-spouse will have to sign paperwork to prove that it is not a loan that you will have to payback. I picked the number 20K for a reason. If the amount of the payment is above 14K they will have to document for the IRS that this is a gift, and the amount above 14K will be counted as part of their estate when they die. If the amount of the payment is less than 14K they don't even have to tell the IRS. If the ex-souse has remarried or you have remarried the multiple payments can be constructed to exceed the 14K limit. Also see who has the authority to delete bills or items on bills. This was a huge scam with some servers I've worked with. If you can delete an entire bill that was paid in cash then that's money in your pocket.