Seeking advice on collection account

Discussion in 'Credit Talk' started by turk_reno, Apr 10, 2009.

  1. turk_reno

    turk_reno New Member

    Ok, here's the deal. I did a dumb thing and allowed a collections agency to get a consent judgment on me before I even had an idea what DV's were and how the process works. So now, I have Lexington Law, who for the most part has done a very interesting number on my credit and has increased my score by over 100 points within the first two months. But, what LL does not do is take things to a very customized level and they probably wouldn't understand what I'm about to explain.

    I have a collections account that was originally with HSBC that got sold off to Palisades Collection. This account eventually made it to a CA/Law Firm within jurisdiction to pursue me legally. I didn't know much about the process at the time and just went with it and have been paying them monthly for almost a year now. To be honest, I attempted to DV them in the beginning and they didn't do much more than show me an account number. I digress on the DV part, I'll let LL fight with Palisades on that.

    Here's the question though...I have this same HSBC item listed 3 different times, not including the judgment on my report, and one of them is listed as a "MEDICAL" item. Is it possible to turn around and tell the CA that I am no longer paying them anything due to the damage that their client, Palisades, has done to my credit report and demand something? I don't know. This doesn't seem right, fair, or within reporting guidelines for one single account.

    What would I have to do at this juncture? Can the FDCPA help me despite my judgment? Any advice is appreciated!
  2. apexcrsrv

    apexcrsrv Well-Known Member

    You can sue Palisades and their CA if LL did their job under the FCRA. My guess is that they didn't and you probably don't have a s-2b violation.
  3. turk_reno

    turk_reno New Member

    What would they do that I could get a lawyer to do for me so that I could make this go away or right again?
  4. Dumb Bob

    Dumb Bob Well-Known Member

    You say that you agreed to the debt, that they owned it and to the amount.

    Of course you are free to turn around and tell them anything you want. But it would be a good idea to be facing the right way when you are through.

    If you stop paying the judgment, Dumb Bob doesn't see why they won't move to the next level, to getting the money via attachment or some other legal process. You are limited in what you can do at the federal level to attack the substance of a state judgment, see Rooker-Feldman doctrine - Wikipedia, the free encyclopedia . As stated in that text, this has been narrowed in the last some years, so maybe you can go there if there is some federal question, such as fair credit reporting or debt collection. But you want the state court judgment to go away and that sort of means you have to have a whale of a tale for the federal court, complete with lots of legit damages and potential attorney's fees. Do you have that from three duplicate entries in your credit file that you haven't even mentioned to the CRA in order to give them a chance to correct/update/fix/ignore/make them worse?
  5. apexcrsrv

    apexcrsrv Well-Known Member

    If you retained counsel or at least a reputable credit service organization, you could have disputed the right data fields which would have deleted the tradelines or accrued violations of the FDCPA and/or FCRA. If the tradelines aren't marked as being in dispute right now, you would have a weak claim under the FCRA against the OC and both the FDCPA and FCRA/FDCPA against any debt collector. An attorney (particularly, a consumer attorney) could sue and compel deletion. You're probably looking at a retainer as opposed to a contingency arrangement because monetary settlement with such claims is going to be small to nothing. However, they could get it deleted fairly easily.
  6. Gossioii9

    Gossioii9 New Member


    Looks like your question thing at the end of the post worked. Also not having to sign in is nice too. Good job. Nice list. Thanks.

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