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I had a roommate, who stayed at our apartment after after our lease ended, I notified the apartments I left. He racked up like $20k in debt. During the eviction trial the judge said I was not liable for any debt.
The collection company emailed me in early Feb. I replied saying I was not liable and attached the court order stating so.
I called them yesterday and they were not helpful. They said they did receive the email, but were investigating it with the apartment owners who have no responded (zero reason the apartments should have included me in a debt collection).
How do I handle this? I'm literally about to apply for a car lone and this debt collection just destroyed my fico score. Should I sue? Looking for any advice, thank you!
That's crazy they put on your report.
Since they didn't attempt to remove it ASAP and they are waiting to speak to landlords even after you showed them coir decision.... I think you should sue. Sounds like they jump and sue right away.. sounds like they did this decisively and deliberability like you would do nothing. You should set them straight and this also will mauve prevent them from doing in the future to others.
If you are unable to write and send a certified letter, hire an attorney to send the CA the letter with an attached copy of the courts ruling in addition to outlining the related violations and consequences of improperly reporting information as per the FCRA and FDCPA. You should also file a complaint with the CFPB at your earliest convenience.
You may be eligible for financial compensation as well.
How can I find more info on this or a process to follow? Ty
You could speak to a consumer attorney about a possible FDCPA violation, but in order to file suit under the Fair Credit Reporting Act (FCRA), you must first file a dispute with the credit reporting agencies that are reporting the collection.
See 15 U.S. Code § 1681s-2(b) and § 1681(i).
Wow, you're really getting some great advice here!
I was going to suggest you call them, ask where they are, if they'll be there all day, ask how bigga boy they are and how they'd like an a$$ whupin.
Like many have said file suit. Ask the collection agency who it's registered agent is in your state.
@keekers wrote:
In the meantime, what about disputing the collection with the CRAs?
Absolutely not unless you've engaged an attorney experienced with handling FDCPA violations and they've explicitly advised you to go ahead and do so. Your concern is that the debt being reported by the (3rd party) collections agency is not valid, not that the CRAs are misreportng information being given them and this is a senario that allows you to hire an attorney to represent you and take action in your behalf.