Need Advise with a Lawyer Corp.

Discussion in 'Credit Talk' started by ht, Nov 14, 2003.

  1. ht

    ht New Member

    A laywer CA in California pulled my credit report 3 times this year. I sent them a non-PP letter since I have no idea what this is for. They haven't responded to me and it's 90 days already. This Laywer CA had never contacted me nor put a collection on my credit report. Upon further investigation, I found that this lawyer CA incorporated his lawfirm in 1991 with his name (Law Offices of XXX, A Professional Corporation) but it's suspended now. The name that appears on my credit report is "XXX Law Office". I checked with California State Bar and his lawyer status is currently "active." My questions are:

    1. If I sue him under California Civil Code 1785.31(a)(3)* for non-PP, can he use the defense that since he is admitted to California State Bar, he can engage in collection activity whether his corporation is suspended or not.

    2. California Civil Code 1785.31(e)** states that if he can show he is trying to collect a debt, I can lose the case and owe him for his attorney's fee. Can this happen? (provided that the judge accepts the arguement of "active" lawyer status and disregard the suspended corporation status)

    3. Can I sue the CRA for providing credit report to a suspended corporation, which can't execute any contract lawfully?

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    * California Civil Code 1785.31(a)(3)

    (3) In the case of liability of a natural person for obtaining a consumer credit report under false pretenses or knowingly without a permissible purpose, an award of actual damages pursuant to paragraph (1) or subparagraph (A) of paragraph (2) shall be in an amount of not less than two thousand five hundred dollars ($2,500).

    ** California Civil Code 1785.31(e)

    (e) If a plaintiff brings an action pursuant to this section against a debt collector, as defined in subdivision (c) of Section 1788.2, and the basis for the action is related to the collection of a debt, whether issues relating to the debt collection are raised in the same or another proceeding, the debt collector shall be entitled to recover reasonable attorney's fees upon a finding by the court that the action was not brought in good faith.
     
  2. lbrown59

    lbrown59 Well-Known Member

    1. If I sue him under California Civil Code 1785.31(a)(3)* for non-PP, can he use the defense that since he is admitted to California State Bar, he can engage in collection activity whether his corporation is suspended or not.

    Bumping for input.
     
  3. vghost

    vghost Well-Known Member


    • ht,

      1. Do you have a collection account?
      2. If yes, do you know if it was sold to a CA, represented by this lawyer?
     

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