dismissed in court

Well, if they want to play games, you can play games too. :twisted: Let's start with cease communications completely, no phone, no mail. Send it certified, return receipt requested. Then if they are reporting it to any credit reporting agencies incorrectly, first you nail them for the fdcpa violations $1k, then nail them for each FCRA violation you can find, thats $1k per violation. Add in your punitive damages, attorney fees, and court costs. If they try to file a counter claim; sorry, SOL is up so you are SOL. :twisted:

I would suggest starting with naca.net for reviewing attorneys.

I would think that the suit being dismissed would only mean that they can't sue you again. It doesn't mean they can't still try to collect on the debt. It just means that unless you voluntarily pay there is nothing they can do to collect.

Thanks jcemt and goudah.I also thought with there failure to validate it had to be taken off of my credit report. And I'm talking numerous calls a day ,everyday, sometimes 4 or 5 a day .They call then 5 minutes later call right back. SO I should first send a cease communications letter then contact credit reporting agencies to try and have it removed?How do i prove that they reaged it also .I know they reaged it to when they bought it which was by about a year.I even brought that up to the woman( from the law firm who took me to court) when we went to court and she told me even then it was still in sol and she was only going by what they had on record which wasnt much at all.She tried everything to get me to buckle and I told her nope let the judge decide.

Yes, get it removed and send them a C&D letter. If the credit reporting bureaus won't remove them be prepared to sue them. Sometimes the CBR's are real stubborn and will validate things just because it's too much work or whatever.

They will validate anything! I'm talking to my lawyer now bc they have my mothers accounts on my report and claim they validated them! Her name is Janet, mine is Jennifer and we have different last names! The accounts flat out say her name on them! GRRRRRRR

Yep, they deserve the suit they are about to get. Try to nail them for every FCRA violation they can. This could also be construed as a fdcpa violation as well (third party disclosure) see if you can get that extra $1k out of it for that. Ask your mother if she wants to file her own suit over it.

taksmom--this is actually simpler than it seems.

First, you send a certified letter to the CA. Tell them that they are in direct violation of the fdcpa by continuing to report information on your credit reports that has not been validated. Inform them that you requested validation(provide a copy of that request from when you were going to court), and that they failed to honor that request. Per the FDCPA, no collection activity--NONE--can continue once they get your validation request, until they satisfy that request. This means that they CANNOT call you, CANNOT send you things in the mail, and CANNOT report on your credit files. A cease and desist can be included, but it isnt even necessary at this point because they are by federal law not allowed to contact you in any collection attempt because they did not provide validation upon request.

In this letter, inform them that they have 30 days from date of receipt to cease all collection activity regarding this account, and also to remove all references to this account from all of your credit reports. Tell them that should they fail to do so, you will have no choice but to file suit against them for the following:

1--Violation of FDCPA, section 809: continued collection calls while ignoring validation demand

2--Violation of FDCPA, section 809: Continued reporting on your credit bureau files of a debt when validation has been requested and the request was ignored

3--Violation of FCRA: reporting information on your credit bureau files that cannot be validated as 100% accurate

4--Violation of FCRA: Failure to accurately report a debt on your credit file as "disputed" when you sent them the validation request

The law is clear on this--and where there may be a gray area, the FTC has clarified it perfectly. In fact, you can cite this FTC opinion letter concerning reporting to credit bureaus while ignoring a demand for validation:


http://cardreport.com/laws/fdcpa/ftc-opinion/cass.html

Special attention to the "II" question--it specifically states that reporting on your credit file without answering a demand for validation is illegal. They are not allowed to take any further collection activity against you once that validation letter is received on their end--they cannot initiate a lawsuit against you, continue calling, send you demands in the mail, or continue to report on your credit bureau until they satisfy the request.

If they do not follow through, then go to naca.com and find yourself an attorney, seriously. Each of the above violations results in a $1000 payment to you from the CA, plus any actual damages, court costs, legal fees, etc etc etc.