Well, all week I have tried to dispute a collection with Credit Management, Inc. They will not file a dispute. According to FDCPA Section 809 (b) I have every right to sue them. How do I begin this process, they are in Carollton, Tx and I am in Walnut Creek, Ca... Do I file here in Ca, or in Tx. You can e-mail me if necessary erikmkane@yahoo.com Thank You
What exactly is the dispute? Have they ever validated a debt with you? We need a little more nonspecific background and maybe someone can help. No acct #s or anything, just the overview and timeline of what you've done, what they've done, what they haven't done, letters, etc.
Ok, I originally disputed with all 3 CRA's, the item came back verified. I called CMI to Dispute the item and a "supervisor" stated I had to contact AT&T. They had no address or phone # for AT&T because everything was "electronic". Spent 2 days (6 hours with AT& trying to find the account, NONE of their subsidiaries had any info on me. I even had an AT&T rep call CMI and they still would not delete it. I have disputed with AT&T legal and they are investigating, I called CMI today and they stated (once again) I can not dispute with them I "must contact the Credit Beureus, would you like there number???" I beleive I have a legitemate lawsuit here. How do I file it and where??? Thank You
They are doing the same exact thing with me. Telling me I have to contact the OC and the OC telling me I have to contact the CA. Giving them just one more week before intent to sue. I sent first validation sometime in early July (sorry dont have my excel doc handy) with second letter sent on August 28th. They keep verifing with CRA's.
Whomever's name is on the tradeline is who you need to dispute with. If the collection agency's name is there...then *they* are responsible for what they are reporting. The OC cannot remove a tradeline that is not in their name. I am not sure why you are calling them at this point, though...you need a papertrail if you intend to sue, or actually, even just to have a big stick so you don't have to sue. Send them a written validation letter (see the examples here on the website and modify them so they aren't the same as everyone else's) by certified mail, return receipt. When they don't respond, send the followup and then if they still don't respond, send the "estoppel" letter and at that point, you have amunition to sue. At this point, I have found if you draft a complaint and get everything ready to file and then fax it to them and give them so long (ie 48 or 72 hours) to contact you to resolve the situation before you file suit, many times they will call and be apologetic and fall over themselves to take care of it. Just be ready to file if they ignore it. Sometimes the only way to get them to move is to actually file suit. L
send a validation letter. You have very strict laws in texas. if they don't respond in 30 days.. the debt is void anyway... do this then sue. likely you'll get them on fcra and fdcpa violations.
