Re: I paid my debt and have proof - lender says I still owe.

Posted by Steve Anderson on September 18, 2001 at 05:13:00:

In Reply to: I paid my debt and have proof - lender says I still owe. posted by Marty Johnston on September 15, 2001 at 00:28:09:

You have a claim for violation of the Fair Debt Collection Practices Act and perhaps a State Claim for False and Deceptive Business Practice (depending on the State you are in). There is a statutory award of 1,000.00 or actual damages, whichever is greater. That is, you have a claim against the collection agency for communication of false credit information relating to the collection of a debt (even if it just a mistake...you don't have to prove it is willful). But keep in mind that there is a 1-year statute of limitations, which runs from the date of the last violation. You should dispute the matter with the consumer reporting agencies that report the debt. They must report accurately and completely. The debt collection (creditor in this case), must do an investigation (if routed through a single CRA), and update the results of the investigation to all CRA's to which the information was provided. If they fail to update the info to all CRA's, or don't do an investigation at all, you may have a FCRA claim providing for punitive damages as well.

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