Where can I find what my debtor rights are for bad credit thats not mine?
I have bad debt that is wrongfully on my credit. I have fought it with letters but all I received back was something stating the debt is mine, with no proof of why they say that. Want can I do to fight this? I’ve already paid $900 to a credit repair person. That didn’t work. Now what?
Mike Sireci answers:
What has the credit repair person done? You paid them $900 and got nothing? I think you need to sue them also!
The reason you are not getting anywhere is because you don’t know the law, and don’t know how to play the game. If you follow my instructions this problem will either go away within 60 days, or you will have an awesome lawsuit (and $1000).
It goes like this….keep a log of everyone you talk to or who you send letters to. Send all letters by certified mail/return receipt to prove that they were notified.
1) Send letters to the collection agencies disputing this debt. Give them the facts. If this debt is on your history and it’s not yours, tell them that. Send a copy of your drivers license to identify yourself (NEVER your social security card).
They have 30 days to investigate this dispute.
2) Send a letter to the creditor/collection agent who posted this to your account. Tell them you want this debt “validated”. See the sample letter I’ve listed below. That means they must send you copies of contracts, bills, receipts, and everything they used to show you have a legal obligation to pay this debt.
3) If they do not respond within 30 days, then send a copy of that letter, along with another dispute letter to the collection agency. Tell them they must remove this debt from your records due to “improper/lack of validation”.
If they do respond, examine the paperwork they have. This is the evidence they will use in court if a lawsuit is filed. If it obviously does not prove this debt is yours, then proceed with legal action.
Note that if the credit reporting agencies are still posting this after you have sent your second dispute letter, they will also be included in your lawsuit.
4) Trot down to the small claims court where you live, and file a $1000 claim against the creditor (and the reporting agencies) for violation of the Fair Credit Reporting Act. It is against the law to post unvalidated information to your credit history, and they can be held responsible for any damage this may have caused you (loss of a loan, higher interest payments, etc…).
Read the links below for more info.
Contact me with you email if I can be of more assistance.