Do I have a valid complaint and possible legal action?

Submitted by LT on Fri, 06/12/2009 - 21:31
Forums

If the original creditor deletes their acccount when I have disputed it with the credit agencies and then a collection company attmepts to sue me; can they do this or should I just go to court and contest the whole thing. I know they don't have any proper docs. Can I sue the collection agancy for not following the proper FDCPA and emotional stress.

Hi LT,

What I understand from your post is that a collection agency has threatened to sue you for an account you already disputed with the credit agencies. Did the credit bureaus delete the account from your credit report? If the account was deleted, has it reappeared on your report?

According to the FDCPA, you have a right to sue a collection agency in a state or federal court. If you win, you will be able to recover for your losses (because of the CA violating the law), including the court costs and attorney fees. You can also file a complaint with the FTC at:

Federal Trade Commission
One Bowling Green Ste. 318
New York, NY 10004
Phone no.- 1-877-382-4357 (877-FTC-HELP)

Mon, 06/15/2009 - 04:25 Permalink

Are you saying a collection company can not attempt to collect on a debt if the original creditor has agreed to delete the account? And no the account has not reappeared on my credit report. Is this a violation of collection act of they have never sent notification of the debt? And does the law say you can sue for $1000 per violation and damages? Thanks, beating one collection agency at a time.

Mon, 06/15/2009 - 20:46 Permalink