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Need Advice - Post Discharge Collection Added to My Credit Report

Community Leader
Valued Contributor

Re: Need Advice - Post Discharge Collection Added to My Credit Report


Backwoods wrote:

FDCA  Fair Debt Collection Act. Many  of the letters any calls violate the act.  We have $5K in cash as settlements that prove it. People don't just give away that much money.  Also when call your cell phone without concent  the violate another law good law good for more money. 


Ah yes, I didn't scroll down far enough in the Google search results, it was morning before I had to go to work.

 

KayDee, there's an excellent article on Nolo.com about violating the Fair Debt Collections Protection Act, which is what the apartment complex is doing:

http://www.nolo.com/legal-encyclopedia/damages-fdcpa-violations.html

 

"the FDCPA allows the consumer to recover damages up to $1,000 from the creditor."

 

"In cases where the debtor successfully proves that a FDCPA violation occurred, the court may allow recovery of attorneys fees and costs"

 

 

 And for my situation in getting collection calls & letters for my sister's debt:

"Family members of the debtorwho have been burdened by the debt collector’s phone calls and letters may also sue the debt collector under the FDCPA"

.


Fico 08: 720/721/719 TU/EX/EQ
Message 11 of 13
Highlighted
Valued Contributor

Re: Need Advice - Post Discharge Collection Added to My Credit Report

The cool part of fdca is they(violator)  have to pay both side attorney fees.  In one case the other side did not agree to our initial offer $1K dw  $3K for the attonrey. Instead they wanted to go to court or so they thought.  Finial setttlement $1K DW $12K  for  attorney just a few weeks before trial. If it had gone to trial I believe the legal bill would have hit $20K.   Calling the cellphone without concent tcpa? cases usually bring larger settlements but these cases are much harger to prove and  much more costly.

Message 12 of 13
Valued Contributor

Re: Need Advice - Post Discharge Collection Added to My Credit Report

The fake collectors who change phone numbers, name and address every week are not worth going after but the real ones are. Just recall a consumer attorney if he thinks the case is winable will take it and NOT charge you any thing the other side has to pay for FDCA vilations.  

Message 13 of 13