Alabama consumers often ask “How long can the collection agency collect against me and what is the Statute of Limitations on credit reporting and suing?”
This question actually touches on three separate time limits.
First, a collector generally has three or six years to sue you. This is the statute of limitations. Also, to be precise, a collection agency must actually own the debt to sue you.
Second, a collector can report a negative item on your credit report for… (Read more)
It is normal to be concerned when your deposition has been scheduled. A deposition is when you will be questioned by lawyers and you will give your answers under oath.
As we show in the video above, however, you can break down each question that comes your way into a four part process:
Make sure you hear the question;
Make sure you understand the question;
Make sure you think about the truthful answer; and
Only answer the question asked.
Now,… (Read more)
When you have an account on your credit report that is showing a balance, but you have previously settled it, then this is normally false credit reporting that needs to be disputed by certified mail to the credit reporting agencies and copied (also by certified mail) to the furnisher of the information.
Here is a sample for you to consider….
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
List the agencies
Dear Sir or Madam,
I am disputing… (Read more)
We have already discussed that you have a right to accurate credit reports, when there is false information it needs to be disputed to the credit reporting agencies (and often the furnisher) and it needs to be sent by certified mail. Remember to keep a signed copy of your letter and all attachments.
Here is an example of what to say in a letter on an account that is not yours.
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[List the… (Read more)
You have pulled your credit reports and realize you have an error and you know you must dispute the error with the credit reporting agencies. You know you must dispute it in writing by certified mail, return receipt requested (no online disputes — that is a trap set by the reporting agencies — don’t fall for it — send your disputes by mail).
You must do this in order to either get the problem fixed voluntarily or for you to be able to… (Read more)
You have an error on your credit report. You need it fixed. Who do you send your dispute letter to in order to repair your credit?
This is a huge trap which trips up a lot of consumers and lawyers because it is counterintuitive.
This is a trap because it makes sense that you would dispute directly with the credit card company or the mortgage company to let them know that the reporting for you is incorrect. If you read… (Read more)
You’ve been sued by a debt collector (debt buyer) like Asset Acceptance, LVNV, Midland or Portfolio Recovery. You know that you don’t owe any money to the debt buyer and you know the debt buyer normally either can’t or won’t prove it owns the debt.
Do you just have to accept that you have sued by some bogus debt collector or is there anything that you can do about it?
Well, come along with us and let’s explore some options… (Read more)
We previously wrote about how collectors must mark your account as “disputed” on your credit reports when you dispute it. But why don’t the debt collectors want to do this?
There Is Only One Reason Debt Collectors Credit Report
Collectors will act pious and say they owe some obligation to creditors around the world to report you as being in collection. That’s complete garbage.
The only reason collectors report on your credit report is to force you to pay them.… (Read more)
Disputing A Debt Can Help Your Credit Report
If you dispute a debt to a debt collector, this can be beneficial in several ways. First, it lets the collector know that you are not agreeing to the debt. Note: not disputing does not mean you agree to the debt but sometimes collectors who don’t understand the law think this…
Second, if the debt collector updates your credit report, it must show it as “disputed by consumer” which can help your… (Read more)
We have talked about what to say to debt collectors when on the phone, but what about a “simple” sample letter to debt collectors? There are some very long, and I think very ineffective, letters that are floating around the internet. Ones that demand every charge slip, etc. Keep this in mind — the debt collector’s obligation in validating a debt is pretty low. They don’t have to give you much, if anything. But the Fair Debt Collection Practices Act… (Read more)
If you have won your Alabama collection lawsuit that the giant debt buyer LVNV Funding, LLC filed against you, then congratulations but understand that your victory is not complete yet.
LVNV may still be illegally collecting against you even though the case was dismissed with prejudice or you received a judgment in your favor.
Keep reading to find out more about your rights to make sure LVNV is not still illegally collecting against you — if it is, then understand… (Read more)
I was interviewed on the Steve and Leah Show sometime back and thought it might be helpful to you as they asked some excellent questions about debt collectors harassing Alabama consumers and also what to do about false credit reporting. They were great to work with as it was my first time on radio. They had a little fun with me at the end of the interview because of that….
Click Here To Listen To The Actual Audio
… (Read more)
Many Alabama consumers have been sued by the debt collector/debt buyer LVNV Funding, LLC. All cases we are aware of where the consumer fought back, LVNV has lost the collection case.
This is because LVNV files suits, at least the ones we have been involved in, with no apparent intention of ever proving its case. These cases seem to be filed simply to obtain default judgments.
In our judgment this violates the Fair Debt Collection Practices Act (FDCPA).
But you… (Read more)
Do I Really Have To Dispute False Credit Information With The Credit Reporting Agencies Before Filing Suit Against The Furnisher?
Yes – With Some Exceptions
Let’s deal with the exceptions and get those out of the way first.
If debt collector (debt buyer, collection agency, or collection attorney) reports false information on your credit reports, you can sue under the Fair Debt Collection Practices Act (FDCPA) if the collector knew or should have known the information was false. For example,… (Read more)
What does my credit report mean?
Now is the time to think about your credit report. Your credit report is a snap shot of your credit history at a specific moment in time that will greatly influence the financial terms you will receive when applying for credit. Your credit report will also influence whether you will keep the credit you already have and can influence job promotions or even obtaining employment. Because of the importance, you need to make sure… (Read more)
You discovered one or more errors on your credit reports and you have disputed the errors directly with the credit reporting agencies.
But the errors still remain.
And now you are thinking about suing the credit reporting agencies and the furnisher of the false information.
What exactly is the benefit to you of suing under the Fair Credit Reporting Act (FCRA)?
First, it is the best way to force the responsible parties to correct and fix your credit report. Dispute… (Read more)
No. That’s blackmail.
If you don’t owe the debt then you should not pay it off. There is a cheaper solution.
Dispute it under the Fair Credit Reporting Act (FCRA) to the credit reporting agencies – Equifax, Experian, Innovis, and Trans Union – and tell them you do not owe the debt. Copy the debt collector or the creditor who is reporting this debt on you.
But what if the credit agencies don’t remove it? What can you do then?… (Read more)
When Alabama consumers suspect or discover that they are victims of identity theft, the natural question that is asked is “What can I do to fix this?”
Now often this question comes after very intense emotions of frustration, betrayal, helplessness, and anger. To have your identity stolen is to be violated. And as we will discuss in another article, that betrayal is normally by someone we know
These feelings can last anywhere from a few days to years, particularly if… (Read more)
I am thinking about filing bankruptcy – what does a discharge mean?
First, a discharge is where you are “discharged” from the debts that are included in bankruptcy. The creditor cannot ever try and collect the debt from you. You can imagine a wall has come up between you and the creditor and the creditor cannot climb over, around, or under the wall to get to you in order to get you to pay this “discharged” debt.
OK, once I… (Read more)
When Alabama consumers are sued by debt buyers, this is a very disturbing event. Fears of losing . . . fears of being garnished . . . fears of being forced into bankruptcy enter the mind.
But when the battle is finally over and the Judge announces “Verdict in favor of the defendant (consumer)” there is great joy. The case is over. The debt buyer has lost.
But what about the credit reporting by the debt buyer? If you have… (Read more)
Debt collection can have significant credit history impact. This article is designed to help you understand how debt collection will affect their credit reports. We can help you understand your rights and protection under the law.
To schedule a free confidential consultation with a lawyer dedicated to helping consumers, contact us or call our Birmingham office at 205-879-2447 or 205-714-4443.
Important Facts for Consumers Facing Debt Collection
Debt collectors and debt buyers do have the right to put a note… (Read more)
Q. What is a credit report?
A. A “credit report” is a document that normally contains your personal information (name, date of birth, social security number, address, etc) and information about your credit history such as the credit cards you have, the mortgages you have, and whether you have ever been late or been sent to collection.
Q. How do I get a copy of my credit report?
A. The easiest way is to go to https://www.annualcreditreport.com/cra/index.jsp and fill out… (Read more)
General Overview of the Dispute Process under The Fair Credit Reporting Act
Having errors on your credit report can be a frustrating and costly problem, but it can be resolved, one way or the other. We say “one way or the other” because if it truly is an error you can either get it corrected by the reporting agencies and furnishers of the information or if they fail or refuse to correct the inaccurate information, you can sue the credit… (Read more)
Identity theft can be a horrific experience, and attempting to get your life back the way it was can be time-consuming and frustrating. We help people who have been victimized by identity theft with their credit issues. We are not credit repair attorneys, but we can help you with your credit issues.
Identity theft victims may discover the theft when they examine their credit report after having their application for credit turned down, or by prudently examining their credit report… (Read more)
With two offices in Birmingham, Alabama, the consumer protection lawyers at Watts Law Group P.C. & M. Stan Herring P.C. assist clients in correcting their credit report, going through the dispute process, and with claims under the Fair Credit Reporting Act (FCRA).
For information about our services and our commitment to our clients, please visit our Firm Overview page.
The Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) was enacted to regulate the collection, dissemination, and use of consumer… (Read more)
After Success in a Debt Collection Lawsuit: Next Steps
Fact: A debt collection lawsuit is essentially a claim that a consumer owes money.
Fact: If the debt collection lawsuit was dismissed with prejudice or if the judge ruled in favor of the consumer, the final decision is that the debt is not owed to the debt buyer. Collections must stop.
Fact: A debt buyer cannot continue to report a debt that a judge has decided is not owed.
At Watts… (Read more)
I got sued and won- but it’s still on my credit report – what do I do?
If you have been sued by a debt collector or creditor, you should obtain counsel immediately. Many of the attorneys representing these groups are very good lawyers and have handled literally thousands of these same type suits. However, just because they sue you does not mean they are entitled to win automatically or obtain a judgment against you.
Like any other lawsuit, they… (Read more)
With our convenient location in Birmingham, Alabama, the consumer protection lawyers at Watts Law Group P.C. & M. Stan Herring P.C. can assist you with correcting post-bankruptcy errors in your credit report.
Your credit score can be adversely affected by errors in your credit report. Credit bureaus (such as Equifax, Experian, and Trans Union) have an obligation to provide accurate reports, free from any known errors.
Some creditors or buyers of debt will not report your discharge to credit bureaus,… (Read more)