Sue the CA or OC?

[Anonymous]

 I broke a lease back in Feb. 2008. I good reason to do so. I even hired a lawyer before moving to make sure I was doing things right. I actually had 2 good reasons to move.  I made a deal with the property management (Oct. 2007) , that I would stay until Jan. 2008 and then leave hassle free. Of course after I moved, I started getting bills for the remaining 6 months on my lease. Then a Law firm started threating me with lawsuits if I dont pay. I had my lawyer deal with them. My lawyer responded with my side of the story and  we were quite prepared to take our case to court if they choose that route. The law firm avised the property management not to try and take legal action because our case was very strong. The decided not to pursue the matter any further.

  Fast forward to Sep. 2009, I find out the law firm reported to all three CRA's. I sent a letter to the law firm demanding that they withdraw the collections charge off or else. The only thing is, I don't know what "or else" is.  What can I do about it? I wanted them to try and sue me, but they decided not to. Can I sue a CA  to force them to remove the collections?  I am not looking to sue for any money damages. I rather not have to go file a law suit and deal with it as a plantiff at all. But I will if thats possible.  Seems to me this is not legal. They know they have no case, but do I? 

 Thanks

[Anonymous]

  I thought someone here would have an answer. 34 views and not one reponse. 

 Maybe if I simplify it:  Can a collection agency (or creditor) be forced by court order to remove inaccurrate information from CR's?

[RobertEG]

This site is about credit reporting, so that is what I will first address.

I think these are the facts from your post.

You had a legal contract with a leasor that you broke back in 2008.  Whether or not you agree with the legitimacy of the debt incurred as a result of the breaking of that contract, that is not a credit reporting issue.  The leasor did not agree.  So the leasor  has sold, or referred, what they consider as an unpaid debt, to a debt collector.  They feel debt is owed, and the debt collector/atty has now reported the debt to a credit reporting agency.

I see nothing improper on the part of the debt collectore  in reporting of their allegtion of unpaid debt to a a CRA, and thus posting to your CR.

Your immediate cause of any legal action would be on contract fulfillment with the OC.  They say you didnt, you say you have complied with lease contract.

That has not been adjudicated

I see no cause of action, whatsovever, against the debt collector/CA, who was axting upon reliance of contract with the OC, who asserted a debt.

The whole table of legal cards resides on your assertion that the debt was not legimate, and their assertion that it was.

That is summarily not an issue for credit reporting resolution.

You dont have to "bait" them into suing you.  If credit reporting has harrmed you, and you want resolution of the issue behind it, then in my opinion, the burden is on you to initiate legal action against them.

Sue the OC, if you can support your action, but not the CA,

[haulingthescoreup]

Is your lawyer still actively involved with this, or did s/he only work on it at the time of the original problem?

I think this is a question for your attorney. It's not a straightforward issue, and your attorney already knows the ins and outs of it.

[Anonymous]

Unfortunately, as Robert stated, your issue is with the original creditor. 

I would have your attorney send them an Intent To Sue and, if they do not adequately respond, actually sue them.