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by dekhn 2454 days ago
hire a lawyer and write a letter. You're not at an impasse. You can have this cleared, if they don't have evidence and you write a letter, they have to shut it down.
2 comments

No letter, just ask for Proof of Debt... most of these companies can't even validate how much you owe...
Exactly, the Fair Credit Reporting Act (FCRA) says you have a right to ask a company that claims you owe it money to prove it.
I'll do no such thing. Someone else made a mistake and therefore I have to pay a lawyer to fix it? It's not a legitimate debt, but it goes to show how anyone can put anything in anyone's file and these information brokers will suck it up and pass it around without even the most basic sanity checks. The FCRA was a good start but an American GDPR would be better.
You shouldn't need a lawyer, but it may require a couple hours of time (but not all at once).

The next time they call, tell them that the person they are looking for is a minor and you are their guardian and because of that you are required to speak on their behalf.

Immediately inform them that all further communication must be done in writing and that you are requesting that they validate the debt in writing. They are required by law to communicate in writing if you request it and to also validate the debt.

If the next letter from them is not a debt validation, you should send them a simple cease and desist response stating they have not validated the debt and may no longer contact you. Send it certified, return receipt requested. Keep a copy for yourself.

If it doesn't stop at that point, you will need a lawyer, but it will most likely be at no cost to you:

If they send you another letter or call you again attempting to collect, get their information and if you are inclined, contact a debt collection attorney. You would be able to sue them for up to $1,000 per incursion plus the fees from your lawyer. Provided you collected their information and have your initial letter, it should require very little time from you to go through the legal process.

+1 to this -- and I'll add that you can find decent sample legally-phrased "f••• off, idiots" letters on the web (they should cite a specific U.S. law that establishes the two requirements mentioned: communication in writing, and verification of the debt on demand -- I can't recall the law's citation number off the top of my head).
Are you sure you want to risk long-term credit problems because you refuse to interact with a debt collector? I don't think that's wise.
If they're not on the debt, hence why the collector won't talk to the adults, and the debt is in the name of a 10yro, won't that disappear by the time the kid's 18 and not show up on the parents' record?
Good debts stop showing after ten years. Ask me how I know. Do bad debts?
I'm not aware of any debt erasure that occurs when you're 18.
He's got 8 years to go until 18; doesn't unpaid debt fall off your credit report by then?
it's complicated. also, even for a minor I'd work to eliminate invalid debt rather than wait out the statue of limitations.
I meant I thought debt falls off your report after so many years.
Asking for proof of debt doesn't require a lawyer and almost always results in them going away.
You have avenues open to you. Is it fair? No, but since when is life always fair? Don't cut off your nose to spite your face.
opting out of the entire credit system isn't really cutting off your nose. it is quite nice.
I don't believe that to be true but, in this case, it's a parent opting their ten year old out of it. The point is that this can be resolved to their benefit. Instead, they would rather scream about it being unfair. No one cares; the only people who get hurt will be them.
How did an 11 year old kid get "opted in" to the system in the first place?

And resolving an unfair situation by working within the absurd system without screaming about it just means that people will continue to be hurt by it.

Mistakes happen, but I obviously have no idea. You have to chose your battles. If you want to fight the credit bureaus then go for it, more power to you. Most of us, myself included, don't have the time, energy, or desire. I'd rather just take care of it and spend my time on more important matters.
Is it really to their benefit of they loose money unrelated to the supposed debt doing it?
Yes, because it's better than the alternative (ruining the credit rating of your ten year old, something they'll have to fix 8+ years from now). A perfect solution doesn't always exist.

In this case it's very unlikely they would need to hire a lawyer anyway.