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Legal Questions

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Booner72
Senior Contributor

Legal Questions

Quick background:

I have 9 paid medical collections that resulted in a judgment.  The judgment is vacated and deleted, but the paid medical accounts won't get removed by EQ or EX no matter what I do.  I've directly disputed, GW'd, and disputed many different ways up to and including sending the statement from the CA that the collections aren't mine, to EQ and EX.  They just keep verifying.  And now EQ won't take my online disputes anymore w/o mailing in my DL, SS card, and utility bill.  (I think they labeled me as frivilous).  (TU deleted immediately after receiving initial HIPAA letter).

 

Since the judge vacated the judgment, wouldn't I have some sort of legal case to get the CA to remove the collections that resulted in the judgment?

 

Do you think that they CA owes me my money back for the paid judgment since the judge vacated the judgment?  Not the amount that went to pay the collections (1900), but the 700 they charged me for court fees/fines/attorney fees etc.

 

If anyone has any ideas for me to try I would greatly appreciate it.  I'd go to an attorney but they don't have the attorneys that deal with this anywhere near me - they are 4 hours away.  I believe that they are violating the FDCPA for each collection that is reporting that isn't my collection.  Do you, dear reader, believe that?

 

 I know you guys are sick and tired of hearing about this.  Do you think I just need to shut  up and wait it out, or is there anything I can do?

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 1 of 14
13 REPLIES 13
MissMia75
Frequent Contributor

Re: Legal Questions


@Booner72 wrote:

Quick background:

I have 9 paid medical collections that resulted in a judgment.  The judgment is vacated and deleted, but the paid medical accounts won't get removed by EQ or EX no matter what I do.  I've directly disputed, GW'd, and disputed many different ways up to and including sending the statement from the CA that the collections aren't mine, to EQ and EX.  They just keep verifying.  And now EQ won't take my online disputes anymore w/o mailing in my DL, SS card, and utility bill.  (I think they labeled me as frivilous).  (TU deleted immediately after receiving initial HIPAA letter).

 

Since the judge vacated the judgment, wouldn't I have some sort of legal case to get the CA to remove the collections that resulted in the judgment?

 

Do you think that they CA owes me my money back for the paid judgment since the judge vacated the judgment?  Not the amount that went to pay the collections (1900), but the 700 they charged me for court fees/fines/attorney fees etc.

 

If anyone has any ideas for me to try I would greatly appreciate it.  I'd go to an attorney but they don't have the attorneys that deal with this anywhere near me - they are 4 hours away.  I believe that they are violating the FDCPA for each collection that is reporting that isn't my collection.  Do you, dear reader, believe that?

 

 I know you guys are sick and tired of hearing about this.  Do you think I just need to shut  up and wait it out, or is there anything I can do?



I dont know about this one Booner.  But one would tend to think if the collections were not yours to begn with then they should be deleted from your credit profile.  I will wait on one of the more seasoned posters to chime in on this one.  Have you thought of contacting EQ in the Consumer Relations Department to handle this issue for you?  This warrants their attention.


Starting Score: 06/2011 505 EX 523 Lender Pulled
Current Score: 08/2011 628 EX 575 Lender Pulled
11/14/2011 TU 584

Goal Score: 700


Take the FICO Fitness Challenge
***Closed on my home 05/18/2012***


Message 2 of 14
Booner72
Senior Contributor

Re: Legal Questions

I think EQ has labeled me a "frivilous disputer" or flagged me in some way.  I got a contact info for EQ from here last week, sent the info in (my "proof), and I get an email tonight asking for my DL, SSN, etc.  ( had already attached a copy of my DL to that fax).....They're pretting much giving me THE FINGER.

 

EX sent me a letter saying they could not use the information I provided.

 

And the CA completely ignores me, but sure "validates" the disputes every time.

 

 

Thanks for your response, Mia!

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 3 of 14
MissMia75
Frequent Contributor

Re: Legal Questions


@Booner72 wrote:

I think EQ has labeled me a "frivilous disputer" or flagged me in some way.  I got a contact info for EQ from here last week, sent the info in (my "proof), and I get an email tonight asking for my DL, SSN, etc.  ( had already attached a copy of my DL to that fax).....They're pretting much giving me THE FINGER.

 

EX sent me a letter saying they could not use the information I provided.

 

And the CA completely ignores me, but sure "validates" the disputes every time.

 

 

Thanks for your response, Mia!


Call the EQ number and ask to be transfered to the Consumer Affairs Department.  You will see instant results, I promise you.


Starting Score: 06/2011 505 EX 523 Lender Pulled
Current Score: 08/2011 628 EX 575 Lender Pulled
11/14/2011 TU 584

Goal Score: 700


Take the FICO Fitness Challenge
***Closed on my home 05/18/2012***


Message 4 of 14
Booner72
Senior Contributor

Re: Legal Questions

OK.  I'm on it tomorrow.  Thanks.  I didn't even know they had such a department.   I really appreciate your help.  I am seriously at a loss.  I know I'm being wronged and I know the CA is violating, as is EQ and EX.  Nobody is following these supposed "acts" that I thought were in place to protect us.  I know I don't have money to hire an attorney, and I have no idea how to go about suing anybody, especially a CA or a credit bureau.

 

How can they continue to validate/verify accounts that ARE NOT MINE??  It's so frustrating.

 

Thanks, again, Mia.

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 5 of 14
MissMia75
Frequent Contributor

Re: Legal Questions

I'm always there for ya ladybugSmiley Wink


Starting Score: 06/2011 505 EX 523 Lender Pulled
Current Score: 08/2011 628 EX 575 Lender Pulled
11/14/2011 TU 584

Goal Score: 700


Take the FICO Fitness Challenge
***Closed on my home 05/18/2012***


Message 6 of 14
Booner72
Senior Contributor

Re: Legal Questions

BUMP

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 7 of 14
Booner72
Senior Contributor

Re: Legal Questions

Here is the letter:  Any feedback before I send it?   I am asking them to delete for both myself and DH but am wondering if I should just ask for me?  There really are no violations that I can find against DH. 

 

Dear ATTORNEY's NAME

 

I am writing to let you know that the judgment for Case # CV______has been Vacated by _______ County Circuit Court Judge, ________ .   I have attached a copy for your review.

 

I have evidence of __________ 's violations of the FDCPA in addition to the judgment’s vacated status.

 

If you do not delete all of the paid collection accounts listed on Transunion, Equifax, and Experien,  for both ___ME_______ and ____DH____, I will be turning all of my information over to  an NACA attorney for review and will pursue any and all legal remedies I can.

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 8 of 14
GoodCredBen
Valued Contributor

Re: Legal Questions

Ohhhhhh lol.... if i was reading that i would be like, oh shoot... Boss come here and look at this letter! boss says "Oh wow, better get those deleted!"

 

LOL very powerful mail!! 

My credit journey has completed. I am currently sitting at 800+ across the board.

I started my journey here years ago, and thanks to MyFico, it really is possible.
Message 9 of 14
Booner72
Senior Contributor

Re: Legal Questions

You think so, Benjamin?  What are your thoughts on asking for DH's to be deleted in addition to mine?

 

I was also thinking of attaching the original judgment paperwork they sent me, and saying something along the lines of "Since these collections are now erroneous, please remove all of these from our credit reports?"

 

DH doesn't really give a crap about his report since his scores are decent.  It's me that is obsessed with cleanliness  Smiley Happy

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 10 of 14
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