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Should I sue?

Date: Thu, 04/29/2010 - 08:30

Submitted by anonymous
on Thu, 04/29/2010 - 08:30

Posts: 202330 Credits: [Donate]

Total Replies: 7


I was recently served with a Notice to Appear about a collection by Arrow Financial Services. Pretty much, my ex-girlfriend got a credit card and put me as an extra Card Holder (not a co-signer). Well, she purchased a boob job AFTER we split up and didn't pay the credit card.

I was harassed for a while (pretty much 2 calls a day ever day) for about a year. Now that I got served, I got a lawyer to handle it for me. Well, seems my lawyer requested a copy of the original application to prove that I am responsible for the credit card. Once he did that, they are withdrawing the motion and the case is being dismissed with Prejudice (not sure what that means).

Well, I pulled my credit reports from Equifax, TransUnion, and Experian...seems that this credit card company and Arrow have been dinging my credit for years now due to this debt.

Should I sue? They have dropped the law suit against me, but at the very least they have severely damaged my credit with a claim that I had ABSOLUTELY no responsibility to pay.


Well you would first have to ask them to remove it. If you sued they could claim a bona fide error. You should send them a dispute notice explaining what you just did above. Send this certified mail return receipt. When you get this receipt, then dispute the listings on the reports it is listed on. If they come back verified, then you have some violations because they are verifying inaccurate information.

They will either remove the item, ignore you, or send you some BS letter. Only the first one is acceptable. Any other response (also include verifying) and you send them another letter, this one an Intent to Sue. In this you list again the problem, what you asked them to do to remedy it and whatever they did in violation. List how much you intend to sue for and that if they do not remove the account(s) in 10 days, you will file suit. To show them you mean what you say, include a copy of the suit you will file.


lrhall41

Submitted by goldenbast on Thu, 04/29/2010 - 08:43

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I appreciate the reply. I'm mainly interested in fixing my credit, however, I think it's BS that they can get away with suing people and hurting their credit for no reason. There is no reason I should have been involved in this law suit in the first place, or that this should be on my credit. I had to pay to get a lawyer just to get this dismissed. I think these credit companies are corrupt, and are breaking the law.


lrhall41

Submitted by on Fri, 04/30/2010 - 06:21

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Actually even without damages (which I am sure he can come up with some) they have violated multiple laws in FDCPA and FCRA...reporting information they know to be inaccurate, filing a lawsuit they couldn't legally file (he wasn't the responsible party!) Had he not retained council, he could be sitting on a judgment for a debt he does not owe!


lrhall41

Submitted by goldenbast on Fri, 04/30/2010 - 07:45

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Concrete Damages mean damages that can be compensated for financially. Usually anguish isn't considered concrete unless it's accompanied by psychiatrist bills for at least a year, but that depends on your jurisdiction's case law regarding mental anguish. Standards of evidence also depend on jurisdiction, but a letter from your lawyer may not be enough evidence.
It is hard to be sued when you are not responsible for something, but no one can sue you in the US without proving to the court that they have a legitimate reason to. The courts look dimly on it and the firm that does it can be sanctioned heavily.


lrhall41

Submitted by OVLG Attorney on Fri, 04/30/2010 - 08:08

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