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Dispute lead to lawsuit?

Date: Wed, 04/01/2009 - 10:10

Submitted by anonymous
on Wed, 04/01/2009 - 10:10

Posts: 202330 Credits: [Donate]

Total Replies: 14


has anyone ever heard of a dispute leading to a lawsuit?  Ie disputing a Collectoin


Very.?? For the past 2 years I have disputed my credit report about every 3 to six months.?? Even if I've got something back saying its been verified.?? I still keep disputing it.?? Sometimes you'll get stuff from the asking for you to say you've been a victim of fraud but I just ignore them.?? I'm not saying I've been a victim of fraud.?? I'm saying this debt shouldn't be on my report.?? When I started, my scores were in the 400's.?? Today I'm in the 650's.?? I'm a loan officer, and believe me, it was quite embarassing to me that my credit was that bad.?? Sometimes I think it actually helps me with all my clients.?? I relate better, I understand their situations.?? I have even helped many folks that were wanting to buy a home but couldn't because of their credit.?? I usually lead them to this site and then do my best to help them dispute all the negative.
??


lrhall41

Submitted by sassy_lil_brandy on Wed, 04/01/2009 - 12:07

( Posts: 479 | Credits: )


Yup chrys happened to me just this past month all over $349. collection agency stated I owed 429 since it was a medical bill I knew I only owed 349. I disputed it(a second time when they sent me a copy of my statement where it said I only owed 349 and they sent it to their lawyers.

Since the lawyers were only requesting amount owed, I never disputed it, just paid it since I didn't want a judgement on my credit. However right now i'm in communication with ACA (Since the collection agency is a member of ACA) that they refuse to delete my account nor even update it to Paid. I already been in conact with a consumer law attorney if need be and will sue if ithe information isn't deleted or at the very least updated to Paid. I had talked to the law office that I paid and they said they notified them on 4/1 that I paid, expeiran came back two days ago stating no change was made.


lrhall41

Submitted by beli2005 on Wed, 04/08/2009 - 06:25

( Posts: 882 | Credits: )


OK What about this, Has anyone sent a validation letter and then been sued? I am just asking this because I have 3 validation letters that I want to send out to MCM and I don't want to get sued now that I know I am screwed with the SOL. Debts were made in Cali, then I moved to Illinois. Cali has a 4 year SOL and Illinois has a 10 year SOL. Kind of sucks for me. The debts are 6.5 years in default, so they are about to drop off of my reports.


lrhall41

Submitted by Count_Vlad on Thu, 04/09/2009 - 06:44

( Posts: 356 | Credits: )


Some do. I've seen cases through Google where Harvest Credit Management (a junk debt buyer) sue people who send validation letters or Cease & Desists. Do a Google search with the name of each agency you are concerned about and the word lawsuit and complaint. You will especially see appeals cases, as they are public record, so you will quickly know if they have a precedent set.

If you send that DV letter within the 30 day period of the dunning letter, they may not make any attempt to collect (and filing a lawsuit is considered an attempt to collect by the FTC) between the time they receive your dispute and when they send out their response. Outside of that 30 day period, however, does not appear to be given the same protections. However, your state may have statutes that have stronger consumer protections that those afforded by the FDCPA.

According to Budd Hibbs, MCM is one of those that are known to sue upon reception of validation request. "http://www.budhibbs.com/collectorpages/midland_credit_management.htm". It may be a junk debt, which means they likely have no power to collect on it, but hope that by suing you, you will pay them instead of going to court to have the case thrown out. It's a gamble, but one that pays them handsomely.


lrhall41

Submitted by Chrys Henderson on Thu, 04/09/2009 - 22:15

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