the debt collection agency was named in the original lawsuit as one of the defendants. however, UNLIKE kleargear, they stepped up and responded. we basically told them "tell the credit bureaus this debt is false, turn over everything you have on kleargear's whereabouts, or you get sued too." fortunately, they did the right thing and realized the debt was bogus. they were very helpful in cleaning up john's credit report.
since they came through, we dropped them from the suit and continued after kleargear for their bad actions.