Should I sue?
Date: Thu, 04/29/2010 - 08:30
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
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.
You would have to show the court that you have been damaged in s
You would have to show the court that you have been damaged in some concrete way that can be compensated for in order to get past the first hearing. Your lawyer should be able to advise you more about that. My advice would be to get the claims removed from your credit report and move on.
A letter from your attorney regarding the entries should be all
A letter from your attorney regarding the entries should be all you need! Like OVLG said; get it done and move on with your life! Be happy that you won!
I appreciate the reply. I'm mainly interested in fixing my cred
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.
Well paying for an attorney and the anguish that went with that
Well paying for an attorney and the anguish that went with that would be a concrete damage if you had proof that you notified them that you were in fact authorized and not the responsible party...did you DV them in writing prior to all this going down?
Actually even without damages (which I am sure he can come up wi
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!
Concrete Damages mean damages that can be compensated for financ
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.