Question about identity theft and validity of police report

[Leigh]

I hope this is the right place to post this question. If not, someone please let me know and I'll delete it and move it to the appropriate section.

Here's my situation... In 2003 (I lived in NY at the time) my purse was stolen along with all my personal information. Shortly after that several lines of credit were opened in my name. I filed a police report with my local police department and took care of all the known fraudulent accounts.

This year (2008) I was contacted with a debt collector that had aquired a debt fraudulently obtained in my name. I am required to send them a notarized letter explaining that the debt is not mine, copies of documents that prove that I did not live at the address at the time the debt was incurred, and a police report.

I told them that I would have to obtain a copy of the police report since it was filed 5 years ago and I was unable to find the copy that I had previously recieved. The debt collection agency insisted that I would be able to file a police report where I currently live (Ohio). I called the local police department several times and was each time informed that they could not file a police report for something that happened in New York.

So, about a month ago I requested a copy of the original police report from New York. I called a week ago to check on it because it still hadn't arrived. They told me there was an 8 week turnaround.

Tonight I got a call from the debt collector again. The woman was very rude to me and when I told her I was still waiting on a police report she told me that police report would no longer be valid and that I ought to go ahead and pay the debt. I told her it wasn't my debt and I wasn't going to pay it. She then hung up on me.

So... is this true? The original police report I filed is no longer valid? If that's the case what am I supposed to do? I've been told by multiple people by in the local police department that they can't file one here.

Sorry this was so long, but I wanted to include all the information I could.

Any advice is much appreciated!

Leigh

 

[CdwJava]

It sounds like they are just pushing you to pay. They do not want to have to excuse the debt, they want their money.

If you have the report or case number, provide that and the contact info to the collection agency. Tell them that if they think they can get a copy faster, they can contact the police department themselves. Otherwise, they can wait.

If you Google the related terms and your state, you should get a host of links with all kinds of information on how to deal with debt collectors and the laws that cover them - and you.

- Carl

 

[Leigh]

Thanks Carl-

I have called them a couple of times to tell them that I'm working on getting the report and that there's nothing I can do to get one faster so they'll just have to wait. They usually scream at me and tell me that I can get one locally, which obviously I can't. They usually don't let me do much talking anyway.

I've tried googling the laws regarding debt collectors and I don't think they (the collection agency) have done anything illegal. They sent me a written notice and it seems that they are within their rights to request these documents. They have NOT sent me a copy of the original application that was filled out, but I don't know if they'd be willing (or able) to send me that at this point.

For googling state specific laws should I google the state in which I currently live (Ohio), or the state where the original crime occurred (New York)?

I'm just kind of freaking out now, because I thought this NY police report would get everything straightened out, but now I wonder if they are going to accept it as valid. I think you are right that they are just trying to scare me though. It worked in getting me scared, but I'm still not going to pay them!

Anyway, thanks again for your response. It makes me feel much better!

 

[CdwJava]

The laws governing how you are treated and to what extent collector's can hound you should be covered in the state where you currently live.

No, they don't HAVE to buy the police report as being valid, but it will go a long way to show that you at least reported this as having happened way back when. If they try and take you to court (and they probably won't) this will help you out.

Ultimately, they are trying to shake you down for the money. These folks rely heavily on intimidation, and they probably do not believe that any theft occurred. In their defense, many folks get in over their head and then claim they were ripped off as a means to try and protect themselves. But, these false reports are pretty easy to see through so it is no all that common.

I would ask for a copy of the original application and see if they provide it to you. I suspect that state law may require them to provide the contract info on request.

- Carl

 

[Leigh]

Ultimately, they are trying to shake you down for the money. These folks rely heavily on intimidation, and they probably do not believe that any theft occurred. In their defense, many folks get in over their head and then claim they were ripped off as a means to try and protect themselves. But, these false reports are pretty easy to see through so it is no all that common.

I do understand that people do claim id theft sometimes to cover up their own debt. However, I think these people know that it was ID theft in my case. My credit report shows they they checked it, so they probably know that I never lived at the listed address, and that I have 16 lines of credit, including a mortgage, all in good standing, with no late payments etc...

I'm pretty sure that they won't sue me, the debt is only for ~$140. My main concern is getting it off my credit report so that it's not negatively affecting my credit. I'm not going to pay them, because from what I've read that would be viewed as an admission of guilt, and that negative would remain on my credit record. I can only hope that they will accept the police report. If they don't I'll have to figure out where to go from there. This line of credit was opened about 1 month after I filed the police report so I can't understand why it wouldn't be valid.

Thanks again for the response. No need to reply back to that last, I guess I just needed to vent a little!

 

[anaerosmithchic]

I saw that you had researched the laws and if they ever make any threats against you then they are in violation. You can also send them a certified letter stating they are to contact you by mail only and not by phone which they legally have to honor. sorry to hear what happened to you and best of luck in trying to get this cleared up, I know of others this happened to and it's a nightmare!

 

[Leigh]

Thanks! They haven't made any threats so far. The closest she came was telling me that my police report would not be valid so I might as well go ahead and pay for it. So they aren't threatening me, just being very nasty, screaming at me and insinuating that I'm lying. One of them asked me one time if I was still, "sticking to my story that it was ID theft". Grrr!

I was finally able to get a local police officer to come out and take a new police report. I was intentionally vague on the phone, just saying I needed to file a report on ID theft; no other details. Once the officer was here I told him all the details and he filed a report, no problem. It should be available for me to pick up by tomorrow or Friday at the latest.

I also called the NYS police to see if I can get them to update my original police report to include this account. That may or may not be possible. I'm going to have to wait and see.

Hopefully this will get them off my back. If not, my husband has legal services available through his work starting in January, so I will get them to help me if necessary.