Credit Card Center Advertiser Disclosure

Reply
Community Leader
Valued Contributor
Posts: 1,657
Registered: ‎09-28-2014
0 Kudos

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

[ Edited ]

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: TU 724, EX 689 EQ 687
Established Contributor
Posts: 780
Registered: ‎01-15-2017
0 Kudos

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.

Member
Posts: 8
Registered: ‎05-20-2017
0 Kudos

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

Yes, so it's a win win situation for the court winner. That's why I really want to sue a collection agency that keeps calling me almost everyday asking me to pay fake debts. I think there are many naughty collectors in these past few months. I could read many complaints regarding this. I also watched a video that talks about how usually naughty collection agency take advantage of people at https://www.youtube.com/watch?v=DEEwty4_Rk4. We should know the laws and our rights.

Established Contributor
Posts: 780
Registered: ‎01-15-2017

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.  

Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.

† Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
‡ Credit cards for FICO Score ranges: The score ranges are guidelines based on internal myFICO analysis of actual applicant approvals, and having a FICO Score in a particular range does not guarantee you will be approved for credit cards recommended in that range. These ranges were not provided by any card issuer.

* For complete information, see the terms and conditions on the credit card issuer’s website. Once you click apply for this card, you will be directed to the issuer’s website where you may review the terms and conditions of the card before applying. While myFICO always strives to present the most accurate information, we show a summary to help you choose a product, not the full legal terms - and before applying you should understand the full terms of products as stated by the issuer itself.

Copyright ©2001-2015 Fair Isaac Corporation. All rights reserved.   | Terms of Use | Privacy Policy | Sitemap

IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more

FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.