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  1. #1

    Default Collection Filed by Tow Company, but It's Not My Car

    My question involves collection proceedings in the State of: California. I recieved a collection letter stating that a tow company had filed a collection against me however the last 4 of the SSN they had on file were off by 1 number. I checked the entire SSN and it appears only 1 number are different from me to this other person's SSN so it looks like when this car was towed the DMV reported my name and current address to this tow yard. I called the tow company who says they do not have any info on this file other that it was shipped off to the collection company and they will now deal with resolving. The collection company states they need the tow yard to contact them to remove this collection and Im caught in the middle of the pickle.

    My credit card has been frozen and a line of credit closed due to the FICO drop. I work in real estate investment and I need these lines for my business.

    Questions are A) Arent the tow yards supposed to call me or contact me to resolve this prior to sending to collections?
    B) Are they not required to keep records of billing/ or collections? Tow guy said he had no records and send it all off to collections.
    c) Can I get some compensation in small claims for loss of access to capital? I need these lines of credit to work.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Collection Filed by Tow Company, but It's Not My Car

    No, tow yards don't have to inform you that they're sending an unpaid bill to collections.

    If they have no records, that should put you in a good position to dispute the bill with the collection agency. Make sure you do so in a timely manner.

    You're not going to win a small claims court case over "access to capital".

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Collection Filed by Tow Company, but It's Not My Car

    Or what the tow yard meant to say was that they cannot speak with you about the bill because it already went to collections.

  4. #4
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Collection Filed by Tow Company, but It's Not My Car

    Your credit card company should have notified you which of the three credit reporting agencies gave them the negative report. Immediately, get a free credit report from that agency and file a dispute. Also, get your free annual reports from the other two and file a dispute with them if the false claim shows with them.

  5. #5

    Default Re: Collection Filed by Tow Company, but It's Not My Car

    Thanks for the advice, I spoke to the collections agent who said I would have to dispute through them but showing somehow that I dont own the car. I asked the nimrod at the collections agency what someone would provide to demostrate non-ownership but he turns around and says he doenst know.

    Can I go directly to the credit bureaus to request this removed?

  6. #6
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Collection Filed by Tow Company, but It's Not My Car

    Yes.
    https://www.annualcreditreport.com/cra/index.jsp

    But, re-reading your initial post, something is very strange here. You say that they have your SSN 1 digit off. They shouldn't have your SSN or anyone elses if they just towed a car. DMV should not be giving out SSNs.

    It has to be something else. I would not confirm your correct SSN to the collection agency or the tow yard. If they towed a vehicle, they should be trying to collect based on the vehicle license and ownership information.

    Notify the collection company to provide you with written proof of the debt, including the identification of the vehicle that was towed. Normally, I'd include a statement saying don't contact me on this again, but since you already have a collection bureau issue happening and time is of the essence to you, don't do that until you check your credit reports and dispute any showing the alleged debt. It may be on all 3; it may not.

    Your SSN being involved raises a red flag for an identity theft problem. Hopefully, it is not since they are a digit off, but be careful not to give the collection agency or the towing company any privileged information about you that they don't already have.

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