As to the misuse of the social: You can report this to the county where he lived as identify theft. Then send a written letter to the collection agency asking them to cease and desist further communication with you as you dispute the bill, have reported the identity theft (send copy of report) and you are exercising your rights as stated in the Fair Debt Collection Practice Act
in requesting that they cease contact. If by chance they continue, you can sue the collections office for violations of the FDCPA. Once the letter is sent, their only recourse would be to sue you, but since you have proof this was not you, then will not be able to win their case.
In addition you can file a complaint with the State Attorney General
of Colorado consumer protection, for any violations of the collection practices. You can access that contact information below. I would also call them for further assistance in resolving the issue of the identity theft.
Colorado Collection Agency Board
XXXXX 7th Floor
Denver, CO 80203
Phone (licensing):(NNN) NNN-NNNNbr /> Phone (consumer complaints and information):(NNN) NNN-NNNNbr /> Fax:(NNN) NNN-NNNNbr /> Website: www.ago.state.co.us/CADC/CADCmain.cfm
E-mail: [email protected]
This agency handles complaints against collection agencies that are operating in violation of the Colorado Fair Debt Collection Practices Act. This is a state law that governs the actions of debt collectors and collection agencies. The law prohibits collection agencies from using certain practices to collect the debt as well as unnecessary disclosure of the debt to parties that are not obligated to pay the debt. This law generally does not apply to creditors collecting their own debt.
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