Suing a Collection Agency

[Anonymous]

I've been reading up a little about this but I admit I'm a little confused on how to go about it.  One debt is for $1200 but it went up $50 after my last dispute. The Other debt is for $800.. I've tried to dispute both of them several times. Even sent them papers from consumer.ftc.gov NOTHING. 

Can someone point me in the right direction on how to get the ball started? 

[Anonymous]

What are the grounds of your suit?

[RobertEG]

Next steps depend both upon the basis for the prior dispute and its formal outcome.

What is the asserted inaccuracy, and what was the outcome as stated in the Notice of Results of Reinvestigation?

[Anonymous]

I've been disputing since Early 2015 if not earlier TBH. I've sent in Debt Validation Letters, proof that it was identity theft.

CA #1 for $1200 replies back to any dispute as veriified. I've sent them debt validation letters and it comes back as undeliverable even though I called them for the address. I also used the address listed under my credit report. 

CA #2 for $800 also replies back to any dispute as verified. I've also sent them DVL and they did respond with the OC but it isn't mine. 

I guess my grounds for suing would be because I am unable to get a new apartment because of these debts. I'm not sure. I just know CA #1 started reporting later year. And CA #2 has been reporting for about 3 years. 

[Anonymous]

If it's identity theft all you need to do is follow the steps on https://www.identitytheft.gov and send a dispute to the CRA with a copy of the police report. Wouldn't hurt to also send a copy to the OC or CA.

[titanofold]

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@Anonymous wrote:

If it's identity theft all you need to do is follow the steps on https://www.identitytheft.gov and send a dispute to the CRA with a copy of the police report. Wouldn't hurt to also send a copy to the OC or CA.

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^ This.

I've been in a similar position, and the only way to proceed is by getting a police report submitted. Nothing may come of the report, but at least there's a trail somewhere if they do find someone to attribute the theft to.

Plus, the police report will relieve you of any responsibility.

[Anonymous]

I have successfully sued and actually netted money using Lemberg Law Firm.

It was years ago and collection agency was not properly reporting.  It was sent to collectins while I was disputing and was right.  Collection agency refused to remove negative reporting s I called Lemberg.  I netted about $750 got it removed and they paid Lemberg around $3,000 in fees.

My understanding from this is some collection agencies just throw as much poop up as they can hoping they will intimidate people to pay and put aside a budget in case they are sued and quickly settle as tehy did with me.

Good luck.

[RobertEG]

It really depends upon whether your are suing them for a violation of credit reporting under the FCRA, or for a violation of a debt collection practices requirment under the FDCPA.  Those statutes have markedly differenct civil liability procedures.

You cannot sue under the FCRA based on lack of accurate reporting.  You can sue under the FCRA for lack of a reasonable investigation of a dispute.  It is then your burden to show that the investigation by the furnisher was not reasonable.  It hinges on evidence and a finding of the court in your favor, and then the court will decide any claim of civil liability.

The FDCPA is a statute that awards "statutory damages," meaning that if you show a violation, you are awarded $1000 per violation without need to show actual damages.

Typical FDCPA violations include lack of dunning notice, resuming collection after receipt of a timely DV without first having provided adequate debt validation, or using unfair or prohibited collection tactics.

Is the civil action based on a lack of reasonable investigation of a dispute over the accuracy of credit reporting under the FCRA, or is it based on a violation of some debt collection practices requirment under the FDCPA?

If unsure, you should consult an attorney.