Collection agency persists in collecting debt despite mistake

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Collection agency persists in collecting debt despite mistake

Collection agency persists in collecting debt despite mistake

A letter from the California Franchise Tax Board was his first clue that collection agency AllianceOne had ignored arguments that he was not a deadbeat.

The notice said he owed $1,496 for three cases identified only by numbers. But the problem was that the notice was sent to the wrong person.

The letter was addressed to Gilberto G. Herrera.

But he was sent to Gilverto Herrera, who also doesn’t have a middle name.

“I couldn’t believe this was happening to me and they might make a mistake like this,” Herrera said.

He said if he had any bills in circulation, he would have paid for them because his job as a Department of Defense employee with a security clearance prevents him from having debts in collection.

After receiving the letter, Herrera said he searched records at the county courthouse and visited AllianceOne. He showed employees at both locations his driver’s license and social security number.

“I tried to convince them it wasn’t me,” Herrera said.

A clerk then let him see the original tickets issued to Gilberto G. Herrera. But the b in the first name had been crossed out and overwritten by hand was the letter v. He said he asked why, but never got a decent answer.

Finally, Herrera took his case to a judge who concluded that it was a matter of mistaken identity. He ordered that Herrera be removed from collections.

Gilverto Herrera says AllianceOne hurt his <a class=credit rating. February 2017. ” width=”880″ height=”542″ srcset=”https://cdn.kpbs.org/dims4/default/48072f7/2147483647/strip/true/crop/1482×913+0+51/resize/1760×1084!/quality/90/?url=http%3A%2F%2Fkpbs-brightspot.s3.amazonaws.com%2Fimg%2Fphotos%2F2017%2F03%2F02%2FGilverto_Herrera.png 2x” src=”https://cdn.kpbs.org/dims4/default/d116866/2147483647/strip/true/crop/1482×913+0+51/resize/880×542!/quality/90/?url=http%3A%2F%2Fkpbs-brightspot.s3.amazonaws.com%2Fimg%2Fphotos%2F2017%2F03%2F02%2FGilverto_Herrera.png” loading=”lazy” bad-src=”data:image/svg+xml;base64,PHN2ZyB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciIHZlcnNpb249IjEuMSIgaGVpZ2h0PSI1NDJweCIgd2lkdGg9Ijg4MHB4Ij48L3N2Zz4=”/>

Gilverto Herrera says AllianceOne hurt his credit rating. February 2017.

Right after that decision, Herrera went directly to AllianceOne and gave the company the court order.

“Then they said, ‘Well, we can’t give you information because now it’s not you. ‘” Herrera said. “It got really upsetting.”

Ultimately, AllianceOne sent a notice to Herrera stating that it had asked the credit bureaus to remove from their records that Herrera owed money.

But it was too late.

A portion of the nearly $1,500 that Gilberto G. Herrera owed was taken from Gilverto Herrera’s income taxes. Herrera’s credit score plummeted.

“He went from one day in the 700s to in the low 500s,” Herrera said.

The impact of mistaken identity affected his work. He said it took nearly a year for his name to be cleared to his employer.

Collection agency persists in collecting debt despite mistake

“Waiting to see if you’re going to lose your job or not for nine months is not a very good feeling,” Herrera said.

He has now sued the collection company for illegal debt collection.

AllianceOne did not respond to multiple interview requests made by KPBS. Neither does the San Diego Superior Court, which has a contract with AllianceOne.

Herrera’s lawyer, Salim Khawaja, said there was no excuse for what happened.

“The person who owed the tickets has a completely different name, different address, different company,” Khawaja said. “He has a different date of birth, a different social security number. Everything is different.”

Khawaja said AllianceOne could have easily verified what Herrera had been telling them for years with just a few keystrokes.

“They have the ability to trace the jumps, which means they can search databases, legal databases and find all kinds of information about the person, who these people are, what is their date of birth , their social security, where have they lived for the last 10 years. years, where they worked,” Khawaja said.

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