What to do if for the last year I have been receiving letters from a lawyer/collection agency claiming I caused damage to a car while driving, however I’ve never been in an accident?

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What to do if for the last year I have been receiving letters from a lawyer/collection agency claiming I caused damage to a car while driving, however I’ve never been in an accident?

I am not sure where these individuals are getting their information from. They have not contacted my insurance agency nor have they filed a suit through the courts. I’m not exactly sure what I am supposed to do in this case. I did not cause damage to anyone’s car. If this had really happened, how come they didn’t call the police or file a claim through my insurance. I’m not sure what to do in this case.

Asked on July 28, 2015 under Bankruptcy Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Write back to them, some way or ways you can prove delivery (e.g. FedEx with tracking; certified mail; etc.) and tell that they have the wrong person: you have never been in an accident. Tell them also that if they continue to harass you for an accident you have never been in, you will consider this consumer fraud, a violation of the Fair Debt Collections Practices Act, and/or a violation of the attorney ethical rules and report this to the FCC, your state consummer protection agency, and the state bar association. If continue to contact/harass you, follow up on those threats, documenting all the many times they've contact you to those agencies and your responses thereto.


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