How to find a Civil Suit Lawyer in Louisiana

kennerchick · ‎05-23-2016

After discussing this with my husband, we've decided to go to a Civil Suit Lawyer. Problem is I have NO idea where to look! LOL

I told him about the woman suing PRA and Experian for changing the dates on her report making it look like a new collection and he said if she can do it, we can too! So if someone can help me find a lawyer, that would be great! Oh and if I can also get the $1000 violation for them calling and leaving a message on the boss' answering machie, I'd love it too!

PRA has changed the dates!! This is becoming an issue because it looks like a new collection! Credit Karma litterally says "A NEW COLLECTION HAS BEEN ADDED!"

"Some underhanded debt collectors attempt to coerce you into paying by listing a more recent date on the collections account. This is known as re-aging and is illegal under the FDCPA and the Fair Credit Reporting Act (FCRA)."

http://aaacreditguide.com/collections/

Starting all over again!

RobertEG · ‎05-23-2016

What "date" did they change?

Was it the DoFD?

kennerchick · ‎05-23-2016

@RobertEG wrote:
What "date" did they change?
Was it the DoFD?

DOFD is in 2012. The following dates are wrong! I have read and re read and looked at the CRA sites for answers and these are ALL wrong on my report and my husbands reports! As I said earlier another woman is suing PRA and Experian for these violations of the Federal Fair Credit Reporting Act and the Federal Fair Debt Collection Act.

They changed the date 1st reported.
The "Date reported" means that date that the debt was reported to the credit bureau. It was first reported February 2015! NOW it says April 2016! This is WRONG!!

"The reported date has everything to do with whether financial information -- specifically dollar amounts -- are going to be included in the (score) calculation," Paperno says. "The reported date may also determine whether you are even going to get a score."

They changed the date of status. "That (date) will determine when an account took on a particular status," And timing is important, because more recent negative information typically has a greater impact on the credit score. Conversely, as that item gets older, its impact on the credit score can lessen over time. This was saying 2015, it now says 2016!!

They changed “reported since” On the credit report, the date the creditor started reporting the account to Experian.

I just need to know what I am looking for in finding a lawyer. Where do I start?

Starting all over again!

Anonymous · ‎05-24-2016

https://www.justia.com/lawyers/consumer-law/louisiana

However, as nasty as the practice is, re-reporting a collection is not technically re-aging the underlying debt.

Debts can be re-aged when a consumer validates it either by making a payment, or by agreeing to make a payment or otherwise settle it. That re-ages a debt (re-starts the SOL on it). Reporting ages are based on DoFD, and as long as they aren't messing with that, then their reporting - again, while nasty and reprehensible - isn't necessarily illegal.

If you're going to go with a lawyer/potential suit, be aware of this.

Ask for a free consultation, but be prepared to spend a couple hundred on a file review. Most of these attorneys do not work on contingency (like, say, a personal injury lawyer might) and so they will likely charge a fee to meet with you and review your material. They may want a retainer, and they may request for you to front filing fees if indeed they decide to file a suit - $400 in U.S. District Court, to file a new case. The FDCPA allows for you to be awarded attorney's fees if you win your case against the defendant, but that is an after-the-fact thing. If/when you meet with a lawyer, keep in mind too that the other woman's suit is not the first nor the last to be filed against PRA - anyone can sue anyone else for anythinig at any time, doesn't mean the case is solid and the plaintiff will win. A lawyer in your state can more specifically determine what claims you may have, if any, and give you a better idea what to expect from your state's courts on this issue.

You may find your complaint for them calling a phone number which did not personally belong to you might be more viable - but again, that depends on the details such as any application information you provided with fine print that says "by providing a telephone number you agree to be contacted by us at that number" or some such thing, which then clears up the claim.

PRA is famous for their pull-it-and-then-put-it-back tactic, and it has been tried in various courts all over the place. Usually with PRA being absolved. It's annoying, and it seems so wrong, but it doesn't blatantly violate the FDCPA to remove a collection and re-place it with new dates. It doesn't affect the SOL in any state in the union, and it doesn't extend the debt's reporting life - again, that is based on DoFD - but it is PRA's way of keeping your attention hoping you'll pay/settle the debt.

Anonymous · ‎05-24-2016

@kennerchick wrote:
After discussing this with my husband, we've decided to go to a Civil Suit Lawyer. Problem is I have NO idea where to look! LOL

I told him about the woman suing PRA and Experian for changing the dates on her report making it look like a new collection and he said if she can do it, we can too! So if someone can help me find a lawyer, that would be great! Oh and if I can also get the $1000 violation for them calling and leaving a message on the boss' answering machie, I'd love it too!

PRA has changed the dates!! This is becoming an issue because it looks like a new collection! Credit Karma litterally says "A NEW COLLECTION HAS BEEN ADDED!"

"Some underhanded debt collectors attempt to coerce you into paying by listing a more recent date on the collections account. This is known as re-aging and is illegal under the FDCPA and the Fair Credit Reporting Act (FCRA)."

http://aaacreditguide.com/collections/

try consumeradvocates.org

Anonymous · ‎05-24-2016

Also Credit Karma is not always accurate. It sometimes states an account is gone when it's not and other issues. The only thing that matters is the hard copy from the actual CRA.

crrredit · ‎05-24-2016

Going back to the original question about finding a lawyer--I've had this problem, too.

I had a collection agency call me about an old paid judgement that an apartment complex got against me. I had paid the judgement, had all the paperwork, etc. But the apartments had changed owners and management companies, and the collection agency said that the burden of proof that I had paid was on me. Even though I was pretty sure I had what I needed, I thought it might be worth it to have a lawyer handle the matter. I did some research, and talked to local lawyers who work in this field, but they all said they represent the landlords and not the renters, even though their websites say otherwise.

The collection agency closed the account, and sent me confirmation in writing. But I still would have liked to have a lawyer taking care of this. For example, I never heard from the original owners. It's very possible that someday this will pop back up if they haven't corrected their records, and the next owners are going to do the same thing.

I guess there's no real money in it for a lawyer to help a renter. I wonder if I unknowingly tried to hire the owner's lawyer.

kennerchick · ‎05-24-2016

@Anonymous wrote:
Also Credit Karma is not always accurate. It sometimes states an account is gone when it's not and other issues. The only thing that matters is the hard copy from the actual CRA.

NOT Credit Karma related!!

Starting all over again!

kennerchick · ‎05-24-2016

@crrredit wrote:
Going back to the original question about finding a lawyer--I've had this problem, too.

I had a collection agency call me about an old paid judgement that an apartment complex got against me. I had paid the judgement, had all the paperwork, etc. But the apartments had changed owners and management companies, and the collection agency said that the burden of proof that I had paid was on me. Even though I was pretty sure I had what I needed, I thought it might be worth it to have a lawyer handle the matter. I did some research, and talked to local lawyers who work in this field, but they all said they represent the landlords and not the renters, even though their websites say otherwise.

The collection agency closed the account, and sent me confirmation in writing. But I still would have liked to have a lawyer taking care of this. For example, I never heard from the original owners. It's very possible that someday this will pop back up if they haven't corrected their records, and the next owners are going to do the same thing.

I guess there's no real money in it for a lawyer to help a renter. I wonder if I unknowingly tried to hire the owner's lawyer.

Sorry that happened to you. Maybe instead of a debt collection violation attorney, you should look into a regular attorney? I'd see if you could get some free legal advice and take it from there.

Good Luck! I hope it doesn't appear again!

Starting all over again!