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Can you sue a collection agency for false reporting?

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Anonymous
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Can you sue a collection agency for false reporting?

Question: I am new at this but I have learned a collection agency is reporting an item on my report. I have gone to court over the item and won. I have a court order indicating the collection agency WAS to remove the item over two years ago and as recently as Dec. 01, 07 they continue to report the item. What recourse do I have to stop the agency and to remove the item from my report? Any suggestions are welcome. Jak8e
Message 1 of 7
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future
Frequent Contributor

Re: Can you sue a collection agency for false reporting?



Jak8e wrote:
Question: I am new at this but I have learned a collection agency is reporting an item on my report. I have gone to court over the item and won. I have a court order indicating the collection agency WAS to remove the item over two years ago and as recently as Dec. 01, 07 they continue to report the item. What recourse do I have to stop the agency and to remove the item from my report? Any suggestions are welcome. Jak8e

report them to local ag office
Message 2 of 7
Anonymous
Not applicable

Re: Can you sue a collection agency for false reporting?

Yes, you can.  Aside from filing with the AG before doing that I would send an ITS (Intention to SUe) letter and include a copy of the Cort Order.  Give them 2 business days from receipt to remove - if you end up suing (and reporting to the AG) the fact you attempted to corect before filing suit goes a long way as being 'reasonable' on your part. The CAs handle thousands (if not tens of tousands) of accounts - and errors do occur (common sense) - if they don't correct it when requested then they are in violation (and also in contempt of court IMO)
Message 3 of 7
Anonymous
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Re: Can you sue a collection agency for false reporting?

Yes I think you can sue them, and faster than waiting for the AG. Check out this other site and forum, some good ideas tehre on suing.
 
 
Jim
Message 4 of 7
Anonymous
Not applicable

Re: Can you sue a collection agency for false reporting?

Have you disputed with the CRA's and sent them a copy of the court order?
Message 5 of 7
Anonymous
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Re: Can you sue a collection agency for false reporting?



Jak8e wrote:
Question: I am new at this but I have learned a collection agency is reporting an item on my report. I have gone to court over the item and won. I have a court order indicating the collection agency WAS to remove the item over two years ago and as recently as Dec. 01, 07 they continue to report the item. What recourse do I have to stop the agency and to remove the item from my report? Any suggestions are welcome. Jak8e


If it was court ordered then they are in contempt.....I am guessing here....I think that you could sue as it hurts your credit....call a good attorney.....and sue in federal court if you can!
 
Call your AGs office  they can give you the right answer.   Also file a complaint  www.ftc.gov
 
Contact their AGs office also.
Message 6 of 7
Anonymous
Not applicable

Re: Can you sue a collection agency for false reporting?

Yes, and thanks to those who took the time to reply to my question.  Your advice was excellent and correct.  I had a great deal of difficulty finding the name of the Collection Agency since the only thing they listed was an ID number of some sort and no actual name nor contact information.  But after a great deal of digging I did find the company name, address and phone.  It was only after going back to the lawyer who represented the company and providing him with the suggested, "Intent to Sue" letter did he provide the necessary information.  My score jumped 120 pts. (it was the only neg. item and it was a BIG drain and a huge waste of my $$$$)  I am in the process of refinancing and the saving over the next year was well worth the time to took to track this question to resolve.
THANKS AGAIN!!!! 
 
 
Message 7 of 7
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