/ Register

Ready to sue... How ??

Discussion in 'Credit Talk' started by Emrys, Sep 5, 2002.

  1. Sep 5, 2002 #1
    Emrys

    Emrys Member

    I have sent 3 letters requesting proof of debt. I have received nothing. I am ready to sue the Original Creditor for not providing me with documents proving that I owe them money, and reporting fraudulent information on my credit report.

    Where do I start? Do I need a lawyer for this?

    I am assuming I need to call the court and file for ?what? I don't know what to file.

    Thanks for any advice!
     
  3. Sep 5, 2002 #2
    whyspers

    whyspers Well-Known Member

    They do not have to provide you with proof of the debt. If they are reporting information that is incorrect, though, you could sue them based on that and try to get supporting documents through discovery. Be sure of your facts though...would hate to see you sue and then find out they are reporting it accurately and then you end up paying for their lawyer.


    L
     
  4. Sep 5, 2002 #3
    Emrys

    Emrys Member

    They do not have to provide proof of the debt?

    I thought that was what this is all about. If they don't provide proof after asking 3 times, I HAVE to assume they don't have a signature.

    Is this not the way it works? I'm a little confused now.

    Thanks
     
  5. Sep 5, 2002 #4
    sassyinaz

    sassyinaz Well-Known Member

    Emrys,

    You have read the FAQ? It is pinned to the top of the threads.

    Sassy
     
  6. Sep 6, 2002 #5
    robin

    robin Well-Known Member

    The other posts to your question was correct but maybe not clear enough. The OC does not have to validate. They are not bound by the FDCPA. Only CA's are. The purpose of sending the validation to the OC is to get them on violations. Written within the validation letter is the statement that the debt is disputed. If they neglect to mark it as such on your credit reports after receiving the validation letter is a violation. When these violations rack up you can use them as leverage to make the OC delete in exchange for you dropping your lawsuit. That's the whole purpose of sending validation letters to the OC. This has been my strategy anyway.
     
  7. Sep 6, 2002 #6
    Emrys

    Emrys Member

    So I check my reports, and if they don't say in dispute then I can sue? When I sue, I should use the fact that they didn't put my account in dispute, and hopefully they will just delete.

    Is this right?

    Everytime I think I'm doing something right, someone comes up with something that floors all the attempts I have made at fixing this.

    Thanks
     
  8. Sep 6, 2002 #7
    Emrys

    Emrys Member

    I just checked my equifax... They do not have my account marked as "In Dispute". I printed it out, so I have a record of it.

    I'm still a little confused. So now that I know they are not telling the CRA's that it is in dispute, I can sue them to take it off my report?
     

Share This Page