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Should I File A Lawsuit?

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Established Contributor

Should I File A Lawsuit?

So today I checked my credit report and found that I had one new derogatory mark. When I checked to see who it was, it was an account that I paid in full in APRIL! I was harassed and threatened with jail time, felony charges, etc. regarding this account before I paid it, and now they have the nerve to send it to collections when it's already been paid months ago?? I would really like to sue these people because they've caused me so much stress and anxiety over the past few months and I feel like they are definitely violating some debt collection rights. I have voicemails threatening me with felony charges, and now this, so would it be in my best interest to move forward with a lawsuit?

 

I called whatever agency sent it to collections and forwarded them the paid in full letter just now. They said they would open a dispute and have it removed from my credit report, but I'm so fed up with these people.

 

Thanks to anyone who can help!

I think I've found the sacred map that may lead me to this garden everyone keeps talking about.



Officially collection free as of 3/19/19!!
STARTING SCORES: 377 (11/2013) & 580 (3/2018)
Message 1 of 5
4 REPLIES 4
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Valued Contributor

Re: Should I File A Lawsuit?

Give it 30 to 45 days and then revisit it. While you wait take a deep breath and as soon as it’s 5pm get a glass of wine🍷
Message 2 of 5
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Legendary Contributor

Re: Should I File A Lawsuit?

Violations of the FDCPA are separate from violations of the FCRA.

Which are you considering?

 

Violations of the FDCPA would be based on FDCPA 806, Harassment or Abuse, FDCPA 807, False or Misleading Representations, or FDCPA 808, Unfair Practices.

Civil liability under the FDCPA is covered under FDCPA 813.

I suggest reviewing each of those sections for specific violations.

 

The asserted violation of the FCRA is apparently based on their having reported information in violation of FCRA 623(a)(1).

A violation would occur if they reported information with actual knowledge that it was erroneous.

To that end, if the debt collector had active collection authority at the time you paid the debt, then they had authority to report their collection to the CRAs, even after the debt was paid, so there would likely be no issue of actual knowledge that the reporting was erroneous.

 

Regardless, consumers dont have the right to bring their own civil action on the basis of violation of FCRA 623(a).

You must first file a dispute and provide the furnisher the opportunity to investigate the accuracy and report their finding back to the CRA.

Once the dispute is concluded, you can then have the right to bring civil action challenging the reasonableness of their investigation of your dispute, but you cannot directly bring civil action on the basis of the reporting per se.  See FCRA 623(c).

Thus, you must wait for the results of your dispute before they become subject to any civil aciton pertaining to their reporting to the CRA.

 

 

Message 3 of 5
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Frequent Contributor

Re: Should I File A Lawsuit?

Threatening you with jail time is illegal. So yes, I would sue them. 

Message 4 of 5
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Regular Contributor

Re: Should I File A Lawsuit?

Send them an intent to file suit letter.  They might come back and ask how much will you take to go away. I’ve done this many times 

 

Message 5 of 5
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