Billy ray
Houston,#2Author of original report
Wed, June 04, 2008
Sorry for the late update. My lawyer did have the paperwork and faxed it to the company. I got an apology and it wasn't put on my credit report so all is well. It would've been nice to sue them though and get a lot of money. Oh well.......lol. Just goes to show you that you should always file important paperwork.
Billy ray
Houston,#3Author of original report
Thu, January 24, 2008
I got a hold of my lawyer and he has the release form. He said he would call CPS and get them off my back! Then we find out that they have put this on my credit report. Well, they screwed up big time!! It looks like I'm going to be getting some money or at the least they are going to correct what they did! I'll update more when I find out!
Steve
Tucson,#4Consumer Suggestion
Thu, January 24, 2008
You need to go to a couple of web sites and learn all about the Fair Debt Collection Practices Act (FDCPA)(Federal) and the Texas Consumer Protection Act (TCPA) (State). Both of these protect you in this case. The site I prefer is Debtorboards dot com. You will learn the following: 1. The Statute of Limitations for suit over a debt in Texas is 4 years, so there is nothing, other than lie to you and scare you, that they can do to force you to pay them. 2.Under FDCPA, even THREATENING to sue on an Out of Statute debt is a violation, and they will owe you $1000 in Statutory Damages, which YOU can sue THEM for. 3. Even if they do put it on your credit file, it won't be there for long. Fair Credit Reporting Act (FCRA) says it must come off 7 years from the date of delinquency, so even if they do put it on this year, it will come off next year. Being so old it will have a minimal effect on your credit score. 4. If they re-age the debt by making it appear newer than it is, ten they have violated both FCRA and FDCPA, as well as the TCPA, and you would be suing them BIG-TIME. 5. It is their responsibility to prove the debt to you, not your responsibility to prove it isn't yours to them. FDCPA states that if you request "Validation" of the debt within 30 days of their first communication with you, then they must stop all collection action until they Validate the debt. If they try to collect before providing the Validation, they have violated FDCPA and you have a lawsuit against them.
J G Shrugged
Austin,#5Consumer Suggestion
Thu, January 24, 2008
You should be able to get those records from the courthouse where the suit was filed. Yes, it will cost some money, but they should have them.