Skip to main content

Can I file a lawsuit if a collector doesn't remove debt from my credit report?

Submitted by GHanks on Mon, 06/01/2020 - 17:46

Can I sue a debt collector if they don't validate and remove a listing from my credit report?

We need more information. However, if you sent a debt validation request as a result of finding a collection account on your credit report, your validation rights under the FDCPA were not triggered. The collection agency does not have to validate and can continue reporting.

Submitted by vntrsc on Mon, 06/01/2020 - 18:52


( Posts: 18 | Credits: )

VNtrsc - What should one do then? Suppose, there is a collection account on the credit report. The debt collector doesn't have to validate the debt and they continue reporting. Then what is the solution? Disputing the account with the credit reporting agency?

Submitted by David Martin on Tue, 06/02/2020 - 22:37

David Martin

( Posts: 394 | Credits: 3933 )

The reason a debt collector is not required to validate a debt in response to receiving a validation request from a consumer who learned about the debt after finding it on his credit report is because there was no initial communication as required by the FDCPA. Courts that have ruled on the issue have ruled that credit reporting is not an initial communication that triggers validation rights. Some debt collectors will validate after receiving a request under such circumstances, but they are not required to do so.

So, yes, the next step would be to file a specific dispute with the credit reporting agencies. Note that the collection agency is not required to send documentation to the consumer. In the event reported account it is verified, the consumer could dispute directly with the collection agency. However, again, the collection agency would not be required to respond with documentation. Neither the FDCPA or the FCRA make such a requirement.

The actions taken a consumer would depend upon the reason(s) for a dispute.

Submitted by vntrsc on Wed, 06/03/2020 - 05:45


( Posts: 18 | Credits: )