Can I be liable for a debt if they have the wrong name?

Question

I had someone do some work for me several years ago.

I ended up moving with the debt unpaid. Times were tough.
Now I am getting collection letters and threats to get sued.
They do not have my social security number, only my address and phone number. They are threatening court proceedings. Odd thing is, they have the wrong first name- I guess they forgot my name along the way.

For example- they are threatening to sue

Justin Timbers

when my name is really legally "Justina Timbers" and I am a girl.

Can they legally sue me?

Answer 1

Everybody has missed a major point, is this debt TIME BARRED? This means is it still within your states statutes to seek legal action in court to collect?



If it is truly "time barred" and they try and sue you, then you would use the defense that the debt is beyond your states statute of limitations.



Did you sign any written contracts for the work? if so, then find your states SOL for written contracts. The proper way for the contractor to collect would be to file a lawsuit for a "mechanics lien" on your property and even that has a time limit to do so.



The fact that some collection agency is now trying to collect sounds like the debt was sold to them or they were hired by the contractor to collect.

Under the FDCPA, it is ILLEGAL to threaten anyone by making false statements or sending documentation that simulates a summons for a debt collection that they can not legally take action on! 15 U.S.C. §§ 1692-1692p. § 807. False or misleading representations. (you can download a copy of the FDCPA to read for yourself at the link located in the source area).



They are also required under the FDCPA to send you written notice within 5 days after the initial communication with you of the following:

Proof that they own the debt legally or have been legally authorized to collect it from you.

A complete payment history documented from your original creditor. This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.

A copy of the original loan contract that you signed with your creditor.



Without this information, then the debt has not been validated. If they have not sent you this information, then you need to send a request for validation via certified mail/return receipt requested.

DO NOT ACKNOWLEDGE THE DEBT, DO NOT OFFER PAYMENTS, DO NOT MAKE A PAYMENT. Doing so would reset your states SOL and then they could take legal action.



NOTE: This communication is not intended as or should be interpreted as legal advice. It is intended solely as a general discussion of legal principles or definitions of the FDCPA and FCRA. Always consult an attorney if needed.

Answer 2

Well that depends...If they actually sue you, it might get you a delay, but it is going to piss the court off if you say "that's not me" and they turn around and prove it is you...just a misspelling of your name.



For example, do they have paperwork that you signed "Justina" even thought the name at the top is "Justin?" Do they have the address correct and your name spelled and signed on other paperwork? If so, you are really asking for trouble in a court of law -- if the judge thinks you are jerking his chain and he asks you point blank and under oath if you are the person who hired the workers, what are you going to say?





On the other hand, if they haven't taken you to court within 18 months and have turned you over to collections, they probably know they don't have a case that will hold up in court. You can be a good person and call the company -- not the collection agency -- back and offer to settle for 50 cents on the dollar. Or, you can be a jerk and send them a written, certified letter stating that you don't know who Justin Timbers is and they must stop harassing you about this debt immediately.



Be very careful not to lie in print, however. You never want proof of deceitfulness to show up and bite you in the $ss...

Answer 3

If they can prove in court that you owe the debt, and it is within the legal time frame for collecting the debt, I highly doubt that the court would dismiss the case because of a typo on your name.



However, don't loose any sleep over these threats. Attorneys or debt collections agencies often buy these debts for pennies on the dollar knowing they don't have enough documentation to win a lawsuit, they're just hoping to collect a settlement from you.



Its kind of the shot-gun approach to debt collections. These collectors might buy 10 debts at 5 cents on the dollar, knowing that none of them would hold up in court. If they can get just one person to agree to settle the debt and write a check, they come out ahead.

Answer 4

The name is close and you are liable for any debt you owe that has been unpaid unless you went completely bankruptcy. Call an attorney for further info. Good luck.

Answer 5

If it is your debt and they are just spelling your name wrong....yes they can collect...its like saying because they don't know my married name I don't have to pay....if you did entail the debt and never paid it they can sue and collect! Then you go into having to cover other charges than just the debt itself!

Answer 6

The question is...Is it your debt to begin with??? If not then I would fight tooth and nail! But if you knowingly incurred that debt and just want out, then your best bet is to pay what you owe and stop trying to make excuses for not wanting to pay back! But like I said, :(IF ITS UR DEBT)

Answer 7

As long as they can prove that it was really you, a typo is not a reason for them not to legally bind you to your contract.