Re: Judgements

Posted by Linda on October 21, 2001 at 22:30:58:

In Reply to: Re: Judgements posted by Susan on October 21, 2001 at 21:47:50:

Yes, they are trying to "get your goat". They are re-aging the debt, to keep it on your credit report until 2006!! That is illegal.

Do you have proof that the debt went delinquent in 1986? If you do, don't worry about using it. This debt is past the statute of limitations, and they cannot collect it even if you admit it is yours.

The best way to go about this is to follow the prodecures outline in the Fair Debt Collection Practices Act - if you look at the links on the left you will see "credit laws" it's in there.

First you send a "validation letter" - where you admit nothing, just say you want them to prove that this debt is yours. Ask for a copy of a document with yor signature. Send this certified, return receipt requested, and keep everything. If they have anything it will probably be a copy of a bill or computer record. Now, they have to respond to this letter, or they cannot engage in any further collection activity.

If they don't respond within 30 days, send a dispute letter to the credit bureau, and tell them you requested validation of the debt and you did not receive it. Send a copy of your little green card that proves they got your letter. Then wait the 30 days.

If the debt comes back verified, then you write the credit bureaus and ask them what procedure they used to verify the debts. They have to respond within 15 days (I think - LOL). It will be some bureaucratic nonsense. Do everything in writing, certified mail, return receipt requested.

Then you can get a little money fro you inconvenience, and/or get anything you want deleted from your credit files, by suing them in small claims court. The collection agency for re-aging the debt and reporting it, and the credit bureau for no verifying that the information was accurate. It's $1,000 per violation, so if you want more money, dipute it again, and they will tell you it's frivolous,a nd you have another violation....small claims court is "fill in the blanks" forms, and lawyers are not allowed there - it is for ordinary people. There is a limit for how much you can sue for, so check on that. If the credit bureau doesn't want to go into court with you they usually offer to delete - if you do that, make them pay your court costs also (about $150 depending on your state), andif you have other derogatory information, make them take it off also.

This is working - lots of people are doing it. It's a whole consumer movement.

All this is dontingent on the fact that you have some records that can prove the acutal dates involved (you know the account numbers, so I'm sure you have something). And again, no one can make you pay this money now, so don't worry about that.

Linda

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