Dispute and sue OC's and DC's

(1) Dispute the debt with the collection agency or your original creditor using one of the letters in our download section sent via certified mail, return receipt requested. If they fail to respond to your dispute within 3 days, they are in violation of !ection " # of the $D%&'. (() )hey *erify your Debt as *alid with a %onsumer +eporting 'gency without validating the debt directly with you as per $D%&' , " # , which is a violation of the $%+' , -11. (3) )hey fail to notify any such said %onsumer +eporting 'gency that the consumer (you) is disputing the debt is a violation of the $%+' , -(3(a)(3) and the $D%&' , " .("). )he third violation is usually the most common. If you dispute your debt, the creditor or collection agency is required by law to report your debt to the %redit /ureaus as 0disputed0. If you get your credit report 3 days after the creditor or collection agency receives your dispute letter, chec1 to see if the debt is listed as disputed. If not, they are in violation of the $%+' 2 $D%&'. 3ou can then file a claim against them in !mall %laims %ourt, which is very simple and should only cost you a minmal fee. )he amounts you can sue for each violation are listed below. ##4 of the time, they will immediately delete the entire listing in your credit file in e5change for you dropping the lawsuit. )hey don6t want to spend more money to hire a lawyer to appear in court on their behalf. 7ven if they did show up, you are suing for violation of the $%+' and $D%&', which you will have proof of in the form of your return receipt from your dispute letter. 3ou are not going to court to try to prove that the debt isn6t yours. 89)7 : 9ne of the companies may be stubborn and go to court. )hey will try to switch everything around and say to the ;udge that this debt is yours. +emind them that 39< are the plaintiff, and 39< are not the one on trial. )hey bro1e federal law, plain 2 simple. )a1e a copy of the following court ruling, which states that their violations have nothing to do with the debt being yours or not= !pears vs /rennan 'ppeal from the >arion !uperior %ourt : )he ;udge ruled the following= 0's discussed previously, an $D%&' claim has nothing to do with whether the underlying debt is valid. 'n $D%&' claim concerns the method of collecting the debt. It does not arise out of the transaction creating the debt ?.@ 'Aar, ".B $. !upp. at 131". $ootnote= !ee 1C <.!.%. , 1-#(1 (governing civil liability under the 'ct). Dere is a copy of the entire case= http=EEwww.state.in.usE;udiciaryEopinionsEarchiveE 3(- 1 1.ewn.html !how it to your creditorEcollection agency before the court date and they FIGG get very nervous. )hey do 89) li1e to go to court with informed consumersH Fhen they ultimately agree to settle out of court (usually a few days before the court date), tell them you will drop the case only in e5change for a >anual /ullseye

of the disputed account from all credit bureaus it is being reported to. )hat is the term they use for immediate removal. It will let them 1now that you are an informed 2 intelligent consumer. !ection -(3(a)(3) of the $air %redit +eporting 'ct= , -(3. +esponsibilities of furnishers of information to consumer reporting agencies ?1C <.!.%. , 1-"1s:(@ 0(a) (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.0 !ection " .(") of the $air Debt %ollection &ractices 'ct= , " .. $alse or misleading representations ?1C <!% 1#-(e@ 0(") %ommunicating or threatening to communicate to any person credit information which is 1nown or which should be 1nown to be false, including the failure to communicate that a disputed debt is disputed.0 )ypically, you can sue for up to I1, per violation of the above. It will also help if you can show you were denied credit or a loan recently, which may be due to their reporting error. )his shows you suffered damages as a result of their non: compliance.