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Guest · Posted: Mon Apr 21, 2008 7:06 am

Ok I have been sued on a debt that isn't mine. The original account is not on my credit report and there is no record of it. I disputed it with trans-union and the 30 days is up on the 24th. I talked to them the other day and they said the company still hasn't responded yet and I will receive the outcome in the mail. Now if it comes back that they couldn't verify it and it is removed from my credit report, how would that look in court against the debt collector? Also, if I countersue them, should I just go for the small claims limit or should I pursue it further in civil court? I am just wondering if they will try to settle before it goes thru if I push them or if they will put up a fight. I have all my evidence that it's not mine and they still fail to drop the suit.

Posted: Mon Apr 21, 2008 7:08 am

You will have one heck of a case on your hands, I would go for civil action, they would. Have you consulted an attorney on this?

Posted: Mon Apr 21, 2008 8:13 am

If you threaten legal action yhey will probably drop the case. It is your decision to pursue or not after that.

Guest · Posted: Mon Apr 21, 2008 8:36 am

Well I told trans-union why I disputed the collection agency on my credit report and what acc# it is supposed to be tied to. It sucks cause I can't send in my answer now without the investigation results from them. I won't get that till about 3 days before the trial. I can however turn in my answer the day of the trial but that just makes things run on longer.

Guest · Posted: Mon Apr 21, 2008 10:48 am

I haven't consulted an attorney on this. I will however need to get one if it gets transferred because of the civil rules of procedure which I am unfamiliar with and I don't want to lose my case. I am wondering if I should just wait because according to the FDCPA, you have one year to file a lawsuit against a debt collector. If the clerk magistrate does end up believing my information and it goes in my favor, the debt collector cannot attempt to collect in any court ever again on the alleged debt. They also can't appeal if they decide in my favor. I will then be able to prepare my case on that ruling and have better grounds for a lawsuit against them. What do you think about that?

Posted: Mon Apr 21, 2008 12:02 pm

What I am wondering since the debt isn't yours and you have to miss work and go through all this aggravation shouldn't you have the right to recoup your loses? Not only that but if you get an atty you will have those fees also. I would definately seek a refund if I had to go through all that. Let us know how your doing..Good luck.

Posted: Mon Apr 21, 2008 12:27 pm

Sounds like a mess...just curious, if the debt isnt yours, did you request validation?

Guest · Posted: Mon Apr 21, 2008 1:05 pm

I was never given the right to request validation. The only letter I ever received was from the attorney and they are debt collectors.It didn't have the disclosure giving me the 30 day right to dispute. Which is another thing I have on them.

I also got in the mail today from trans union, the investigation report. instead of having a date placed for collection of 5/2006 it now shows 12/1999. I don't understand how it can show that but with the credit card statement the debt collector attorney gave me shows charge off date of 1/2005.

The original Credit card company is not on my credit report.
The collection agency is on my credit report. none of the information matches up. It is driving me nuts.

Posted: Mon Apr 21, 2008 2:23 pm

Well if it isn't yours then it shouldn't show up at all on your CBR period. One of the steps you would need to take to get this fixed is to file a police report. You have to do more than say over the phone or by mail, it isn't mine.

Guest · Posted: Mon Apr 21, 2008 3:58 pm

I just got off the phone with Trans-union and the debt collector verified the account after I disputed it again. They only verified it by name address and SS#. They never even provided a date of collection to Trans-union so the date of collection is unknown.

She said I could report them to the BBB or file a police report.

Posted: Mon Apr 21, 2008 4:11 pm

if they didnt provide complete information to TU about this account, then they just violated the FCRA--they MUST furnish a complete and accurate report to the credit bureaus. They cannot just leave things like dates blank.

What you need to do is present the info to the court, and file motion for discovery--force them to prove it is yours. By law, they made the allegation when they sued you, so the burden of proof is on them, not you. however, I would not wait for them to do anything--I would present the contradictory information to the court that they themselves have furnished to the CB. If they are reporting all these different dates, there is no excuse at all for it, and it is probably a good indication that something else is wrong with their case--for example, if the date of delinquency really is from 1999 then in just about every state this debt would be past the SOL anyways. Thats a common thing--CA's often try to re-age the debt to try to get around the SOL.

Guest · Posted: Mon Apr 21, 2008 6:15 pm

I disputed it with trans union and the attorneys initial contact with me was an outdated credit card statement. after they verified it with trans union is when they filed suit against me. By right, aren't they supposed to get proof from the original creditor? I noticed on the paper they sent me was printed in 2005.

By right, in that initial communication, even though they said it was verification, it was not from the original creditor so that is a violation. Second they failed to provide me with my rights under 1692g(a)(3)(4). 30day dispute notice. That should be a violation also right?

Guest · Posted: Tue Apr 22, 2008 6:06 am

OK How do you prove a collection agency is NOT an assignee? They listed themselves as an assignee and I know they got this debt from another debt collector who never contacted me. I think that debt collector sold it to them because they knew they couldn't collect on it.

I noticed another sneaky thing they are trying to pull. Small claims is $2,000 so that right there is dismissed for improper venue because they claim I owe more. What they said in the letter sent on 04/07/08 is I can settle the REMAINING balance, of about a $1,000 for a significant discount. If I fail to comply that offer will be revoked.

So they try to sneak around the small claims limit in my state, I caught them. Now they try to collect on the rest, is that legal?

Guest · Posted: Wed Apr 23, 2008 12:28 am

VERY sneaky..I agree guest!

Guest · Posted: Wed Apr 23, 2008 6:17 pm

I am sending a validation letter out. If it wasn't for the people here, I would have never known I had that right. They also never gave me that right in the initial communication. What they are trying to do now is have it transferred to civil docket. It saves them a lot of money. It only costs $40 for Small claims and a transfer is free. If they filed in civil court to begin with, I think it would have cost them around $350.

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