WANT TO SUE

Discussion in 'Credit Talk' started by NEED HELP, Apr 11, 2000.

  1. NEED HELP

    NEED HELP Guest

    I want to sue a collection agency who is unwilling to verify a debt, he says it'll take a year just to find out who the original creditor is, can I sue in local small claims court? They are a small collection agency, but they report to equifax, I threatened that if they did not remove the item from my CRA, I would sue, they hung up on me. What do I ask for when I go to the courthouse, a Regular tort form what should I sue for, how do I get it ordered that it be removed.
     
  2. curiouser

    curiouser Well-Known Member

    Up to a year to locate the original creditor? What do they have to do? Locate stone tablets on Mt. Ararat?

    While I understand that you want to sue, have you tried disputing the account with equifax? When you write your own dispute letter note that you wish to know who the original creditor is. The only reason I say to take this step first is that it is ultimately cheaper -- the cost of a certified letter, rather than filing fees. Second, send a letter to the collection agency demanding that they verify the debt and the original creditor. Note that under the FCRA they have 30 days to do so. Send this certified mail, return receipt requested. Follow up in 30 days via phone and letter. If they haven't verified, send another letter requesting that they immediately remove the entry on your credit report and send a copy of everything to equifax.
     
  3. Spice

    Spice Guest

    I busted a gut when I read this response. I have always found your responses witty and this one took the cake. Thanks for the laugh!

    curiouser and curiouser wrote:
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    Up to a year to locate the original creditor? What do they have to do? Locate stone tablets on Mt. Ararat?
     

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