Lost A Job Due To A False Background Check

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A potential client asked me what I can do if they were applying for a job, and when they did a criminal background check, the company that was doing the background check reported that the person was a criminal (in this case a felon) when the potential client had never been arrested for any crime. The potential employer then calls the client, and says that they cannot hire a felon.

This particular case uncovers a sea of issues ranging from violation of the Fair Credit Act to defamation of character. Let’s take some time to address each of the components of this case individually to determine the best solution moving forward.

What happened?

The first thing to look at is what happened. In this case, the potential client was applying for a job that required that they undergo a background check. There are several kinds of background checks, including credit report, criminal history, and at a higher level, secret and top secret background checks.

What do you do if the background check says something false? What if they said that you were a felon in a state you had never even visited?

Responsibility of Background Check Company

Clearly, the first party responsible in this case is the company that did the original background check. They are clearly liable because they sent falsified information to your potential employer, which may have cost you your job. As a background agency, they have a duty to follow “procedures to assure the maximum possible accuracy.” They are guilty of violating this duty because the court of clerks produced documentation to prove the information in their background check was false. Because they failed to uphold this duty, they are not doing their job and are in violation of the Fair Credit Act. You are probably wondering how a background agency can be held to fair credit law. It’s quite simple; a background agency is subject to the Fair Credit Reporting Act because they report on “credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.”

Responsibility of the employer

Depending upon additional details gathered in this case, they employer may bear some responsibility as well. Based on the information that came back in this false background check, it is clear that the company decided not to hire the candidate in question. However, the candidate was not notified properly by the employer, stating that they would not be moving forward and why. Failure to notify candidates in the proper manner is also a violation of the Fair Credit Act. The employer may also be guilty of wrongdoing in this case.

Do you need an Attorney Experienced in the Fair Credit Reporting Act?

Absolutely! This is a very strong case for an attorney with experience in the Fair Credit Reporting Act, with the proper documentation. You should not only be able to prove violation of the Fair Credit Act, and recover the lost income, but also seek punitive damages. You may also be able to recover for defamation of character as a result of this experience. Your Fair Credit attorney will guide you through the process of getting the compensation you deserve in this case.

If you need help with this, Krumbein Consumer Legal Services is experienced in litigating background check errors, and credit report errors.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

Homeowners or CondoOwners Association Collection Activity

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What do you do if your Home Owners Association (or Condo Owners Association) has sent you to collections and the collection attorney has collected multiple times and still says there is a judgment outstanding?

There are a number of concerns that need to be addressed in this particular case. First, let’s address the proper process to appeal the alleged judgment that has been placed against you for this property. We will address why I used the term “alleged” in a moment, but for now, let’s walk through the appropriate process for appeal.

Appeal the Judgment.

The amount of time allotted to notify the court that you will be appealing is 10 days from the date of the judgment. At this time, you would be required to “perfect” the appeal. This simply means paying the appeal bond which consists of the full amount of the judgment, 6 months of interest and court filing fees in the circuit court. Understandably, these costs can add up quickly and can sometimes be a challenge to pay, especially since the court gives you only 30 days to pay the full amount with no extensions. Depending upon the amount of the judgment, 30 days to pay could be a blessing or a curse. That is why there is an option to actually get the district or the circuit court to waive the appeal bond. In order to do this, you will need to file a motion stating that you would like to waive the appeal bond. Depending upon your financial need and the viability of your appeal case, the court will decide whether or not to waive your appeal bond.

Ethical Issue

Now that we know how to appeal a judgment, let’s address whether or not there is even a judgment to appeal in this case. You mention that you have paid the HOA attorney multiple times, only to have more fees attached. You also mention that you have already paid off the judgment in March, yet the attorney tells you that he has obtained a judgment against you. There is clearly some false information here, which is why this judgment is “alleged” as I mentioned earlier. Based on the information provided, the attorney either fabricated his claim about the money due, the judgment or both. Either way, he is in violation of the Fair Debt Collections Practices Act (FDCPA). This definitely warrants an investigation.

Hire An Attorney

There are many variables to consider in this case because it has many layers. You need to consult an attorney knowledgeable on the FDCPA and review your options like the potential need to appeal and determine what may or may not even be a judgment. Either way you look at it, you have a firm case against this attorney, just on ethics alone. Hire an attorney that can help you prove it in court.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

Death Debt and Collections

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Dealing with the death of a dear loved one is stressful enough without bringing legal issues into the fold. Unfortunately, when a loved one, like a mother, passes away with debt, creditors are often quick to pounce on the family of the deceased to collect their debt.

Do they have a right to collect debt from the family?

People who inherit from a deceased loved one have limited liability. Their liability is limited in most cases to the amount that they inherited, and that is not particularly easy to obtain. For example, a mother who passes away who does not leave an estate or any assets for the creditors to collect on leaves no inheritance for a collector to attach. There is very little that creditors can do, legally, to enforce this debt. For the most part, they are limited to phone calls and letters. For the family, it is an annoyance during a grievous time.

How to get creditors to back off?

Despite the stressful nature of this situation, the burden still falls on the family to provide the correct documentation to the creditors to stop the harassment. The family will need to send documentation to the creditor showing the value of the deceased family member’s estate to be zero. The documentation should also state that the deceased had no assets and quite simply, you are not going to pay. The terms that help are “Cease communications” and “refuse to pay”.

They can’t sue you, but can you sue them?

It is possible that you can sue the debt collectors if they fail to comply after you have sent the proper documentation, and demanding that they cease communications with you. When they do fail to comply, they are in fact, in violation of the Fair Debt Collections Practices Act (FDCPA) and you can sue them. If the debt shows up on your credit report, you will have to jump through all of the necessary legal hoops, but that is also a violation of the FDCPA and may also violate the Fair Credit Reporting Act (FCRA), which also gives you another basis to sue them. Consult with a consumer protection attorney to go over options for pursuing this case.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

Old International Student Loans

International Dilemma: I owe the Swedish government for my student loans. Do I still have to pay?

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Tackling legal challenges can get a bit precarious when they are international. There are many factors to take into consideration, like the laws of that foreign country and how they translate into the U.S., statute of limitations and the validity of the actual debt in question.

Collecting the Debt

This debt is over 15 years old, and no payments have been made on it. We will discuss the legal obligation to pay in this post, only, and not the moral obligations of payment. In this case, the creditor would have 2 choice- to sue in Sweden to enforce the debt and then domesticate the judgment here under the Uniform Enforcement of Foreign Judgments Act, or sue here. As long as the underlying judgment is valid in Sweden, the Swedish creditor could move to domesticate the judgment. The Swedish government would, however, need a court order to legally enforce this judgment in the U.S.

Follow the Rules

Though the Swedish government may be able to domesticate this judgment, the collectors for the loan still have to follow all of the rules of the Fair Debt Collection Practices Act (FDCPA), including time to bring a suit, avoiding abuse, false statements or unfair actions. They would also need to comply with the Fair Credit Reporting Act, as this debt is too old to include on your credit report; it is 15 years old and past the statute of limitations for credit reporting.

Questions

There are still many questions to be answered on the validity of this debt as we are unsure of the statute of limitations on student loans in Sweden. It is possible that this debt is invalid, if in fact, the Swedish statute of limitations has passed. However, if this debt is valid and the Swedish statute of limitations has not expired, the creditor can sue in the U.S. They cannot, however, garnish your wages without a judgment because it is not a U.S. Federal student loan.

A consumer protection lawyer can help sort out the details of this case.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

Collection Agency Threatening Legal Action From Over 8 Years Ago

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There are several different perspectives to explore in this case.

Defense Against the Collection Lawsuit

The first issue is the length of time that has transpired since the original debt in the case. The longest statute of limitations in Virginia is 5 years. Because the debt is beyond the statute of limitation, you no longer have a legal obligation to pay. But you need to remember that the statute of limitations in Virginia is an affirmative defense, not a complete umbrella to a lawsuit. As a result, the threat is still real. They can sue, but you have a defense. You should plan for that defense.

Fair Debt Collection Practices Act

The collector in this case has violated the Fair Debt Collection Practices Act (FDCPA) by threatening to sue past the statute of limitations. A threat to sue, when there is no right to sue, or there is a legal defense that will defeat the claim that the collector knows of, is a threat to take an action that is not permitted.

Kimber vs. Federal Financial Corporation

A similar case was filed in the Alabama District Court in August of 1987. In the case, Ms. Kimber sued the collector for attempting to collect debts from her and other Alabama residents after the debt had passed the statute of limitations. She argued this case not only because her creditor threatened to sue without giving proper notice, but also because the debt in question was considered “stale,” beyond the Alabama statute of limitations. In such a case where it seems pretty apparent that the creditor has violated the FDCPA, it is prudent that you hire an attorney to review your case

For an additional examples of similar FDCPA cases, check out Freyermuth vs. Credit Bureau Services.

But should you pay anyway?

The next question in this case to consider – does this debt actually belong to you? While the statute of limitations on this debt may have already expired, if you have the money, you should consider paying, because it is the right thing to do. This is isn’t a legal obligation, just the right thing to do. But you need to consider the credit reporting consequences. It is possible that by paying the debt, that the collector may report that the debt is now paid, or that you made a payment, restarting the time the debt can be reported on your credit report.

Should creditor be reporting debt on your credit report?

Lastly, it is also important to investigate whether or not the creditor is actually reporting this debt on your credit report. Two issues may arise if this is the case: 1.) If the debt is false, then you need to follow the necessary procedures with your creditor and the credit bureaus to dispute this; 2.) If the debt is not false, but is past the statute of limitations, you may also dispute.

In either case, it is good to hire an attorney to map out your options.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

Credit Reporting And Duty To Pay

Question: Do I have to pay even if a credit reporting agency has done an investigation and deleted the bills off my credit report?

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There is no cut and dry answer to this question.

The reason why there is no cut and dry answer is because there are many different variables that can dictate whether or not you are still responsible for a debt, even though it has been deleted from your credit report. Strangely enough, credit reporting and duty to pay are completely unrelated.

The Credit Report side

Companies are not required by law to report your debt to the credit bureaus, which means that you can still have an outstanding debt with them even though it is not on your credit report. Therefore, you may still have an obligation to pay. Before making a rash decision about which debts you will and will not pay based upon what is reported on your credit report, make sure you fully understand your duty to pay. There are two types of duties to pay.
Further, even if you do have to pay, there is a time limit for them to report the debt- typically 7 years.

The Duty To Pay

The first is quite simple; it is your moral duty to pay. A moral duty to pay is simply an obligation to pay a debt because it is the right thing to do and it has no expiration date.
A legal duty to pay is a little more complex. A legal duty to pay has an expiration date or statute of limitations. The statute of limitations on your debt will vary depending upon the debt. Here is a blog post on statutes of limitations.

The Difference is Important

Why is it important to understand the statute of limitations for your legal duty to pay? It is important because you can be sued and taken to court within the statute of limitations, even if the company is not reporting your debt to the credit bureaus. So, just because your debt has been removed from your credit report does not make you immune; you are still responsible for that debt, both legally for a period of time and morally forever.

What To Do With a Debt

So, if you have debt that you owe that is not being reported on your credit report, you may need to deal with it anyway, if the statute of limitations has not expired. If a judgment is entered against you, then that judgment is on your credit report for 10 years.
So, as you are investigating the debts, both on and off your credit report, the questions you want to ask are the following:
• Is it really your debt?
• Is it in the statute of limitations?
Once the statute of limitations is up for your debt, your debt collector can no longer take you to court; it has expired. If a debt collector is trying to collect a debt from you that is not yours, you might want to consult an attorney to learn more about your rights and options to take this case to court.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

What is the Statute of Limitations on a debt in Virginia

What is the Statute of Limitations on my debt?

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A number of people have asked what the statute of limitations is on debt in Virginia. The answer is both simple and complex.

A contract which is in writing has a 5 year time from the date the plaintiff first has the right to sue, called breach.
A contract which is not in writing (oral contracts are valid in Virginia) which includes promises and other agreements, is 3 years from the date the plaintiff has the first right to sue.

Here is where it gets interesting.

Some contracts are subject to a different Statute of Limitations. If the contract is for the sale of goods, it would be subject to a special term, under the Virginia Uniform Commercial Code, which is 4 years.
And not all oral contracts are enforceable. There is another law, called the Statute of Frauds (which is correctly called the Statute for the PREENTION of Frauds), in which case some agreements, even though they should be enforceable, are not enforceable. Some examples are contracts for more than $500.00; contracts which cannot be performed in less than 1 year, and contracts for the sale or transfer of land. There are other things that are covered by this statute, but those are the most important here.
A contract under seal has a 6 year statute of limitations. But what does a contract under seal mean? It means that where the signature line is that it says SEAL. This is not a notarized contract.
A Notarized contract is a contract with a special kind of witness- a Notary- who witnesses your signature. A Notarized contract should still have a 5 year statute.
Except that not all written documents are a contract in writing. A written contract has all the terms and conditions on its face, or are easily found. For example, a contract that says that the interest rate is the highest prime rate in the Wall Street Journal on the first Monday of each month, is still a contract in writing. A contract that says that the terms can be changed by one party at any time by giving notice 30 days in advance is NOT a contract in writing, IF anyone makes a change.

But what gives the right to sue?

The right to sue come when a party breaches the contract. Typically, it is the first time a person fails to make a payment when due. However, some contracts have other terms that can trigger default, or quasi-default. Examples include if you go over your credit limit. This may be a default, or the contract may specify that if you go over the limit and do not pay it down to under the credit limit within 30 days that would be default. Turning in the collateral MIGHT be a default,

Can the statute of limitations be extended?

Sure. If the time to sue has started, under certain circumstances, a payment may restart the statute of limitations. An unconditional promise to pay in writing will restart the statute of limitations. An oral promise to pay will not restart the statute of limitations.

What if the contract calls for the law of another state?

Virginia law says that the time to sue is the shorter of the time in Virginia or the law of the state of the contract. So what law applies to the statute of limitations? If the agreement says that the law is that of Delaware, and Delaware says the statute is 3 years, then 3 years would be the longest it could be.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

HOW TO: Fix a false utility company entry

Whenever a cable company or utility company allegedly reports incorrect information on your credit report, damaging your credit score, you, the consumer, are unfortunately responsible for the burden of proof to correct this. While this can be frustrating, it can be addressed as long as you are willing to follow the process to fix it. First, you must verify that the information on the credit report is incorrect. Second, you must make sure you’ve jumped through all the necessary legal hoops to take the case to court. Let’s delve into this a little further.

If the cable company in question is reporting information to the credit bureau, you need to be sure that the information is in fact false. Review all previous payment records to support and make sure that what they are reporting- that you are delinquent in your utility bill- is false. You may need to prove that you made all the payments and turned in the cable box. You may need to prove that you turned off the service. The hardest thing to prove is that the service was not provided to you- that it is ID theft.   Start with offering this information to the utility company. Give them the opportunity to know what the problem is, and how to fix it.

Once you are certain that the information is incorrect, you can start to jump through the legal hoops to make a valid lawsuit.

Construct a proper dispute letter to send to the credit bureaus. A proper dispute letter should include a detailed explanation of what is wrong and what changes need to be made. It can also explain the damages that have been caused as a result of this wrongdoing and your documented history of payments to support your claim. You should send this letter to the credit bureaus by US certified mail, return receipt requested to the office address of the credit bureaus.

Some times it will take more than 1 dispute. You should provide more information each time you send a dispute. Don’t give up.  Repeated efforts do pay off.

It is possible to reach a resolution with the credit bureaus by following this process. However, if you do not reach a resolution after following these steps, consult an attorney to discuss taking this case to court.

The following is a quick summary of questions to consider as you walk through this process:

  • What information is false?
  • How can I verify that this information is false?
  • Did I tell the credit bureaus what is wrong and how to fix it?
  • Did I have a consequence of this harm? Did I get denied credit, or charged a higher interest rate?

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES. 

YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation.  They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

What is Statute of Limitations To Garnish Wages or Bank Accounts

First of all, let’s formally define statute of limitations once again. It is the period of time allowed to file a lawsuit. The length of time assigned for a statute of limitations varies depending upon the underlying lawsuit. For example, in the state of Virginia, the statute of limitations for personal injury is 2 years; for contract in writing, 5 years and for contracts not in writing, 3 years; and for repossessions of consumer goods, including cars, 4 years.

A garnishment, however, is a secondary proceeding in court based upon the first judgment which is filed after the initial lawsuit. Judgments can be filed anywhere from 6 months to 5 years after the initial lawsuit. The statute of limitations on garnishment is also variable depending upon the court in which the case was recorded. If the underlying judgment is recorded in general district court, then the statute of limitations is 10 years from the date of the judgment.

However, if the judgment is recorded in circuit court, the statute of limitations is 20 years from the date of the judgment. Here’s where is can get a bit tricky – your case can be filed in a general district court, yet still be recorded in the circuit court, subjecting you to the 20 year statute of limitations on your garnishment.

There is a way to determine if your case has been recorded in either the general district court or the circuit court. Your garnishment will be assigned a case number. If your case number begins with the letters GV, followed by a series of numbers, then your case was recorded in general district court. If it begins with the letters CL, followed by a series of numbers, then it was recorded in circuit court.  Not all cases do  have to be recorded in the circuit court. Parties have the option to file in circuit court if they feel they need more time, but it is only an option.

Virginia state law stipulates that an entity can only perform one garnishment at a time for a maximum of 6 months. However, there is no limit on the amount of times a company can garnish you. One thing, however, is unclear, and that is exactly what happens if a garnishment is issued at such time that it violates the statute of limitations timeline. For example, let’s say your case was recorded in general district court, so your statute of limitations is 10 years from the date of judgment. The company issuing your garnishment decides to do so 9 years and 11 months into your timeline. If this occurs, you may, in fact have a case for dispute. Now is the time to hire an attorney.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES. 

YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation.  They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

Debt Collectors on Credit Reports

What do you do with a debt collector on your credit report?

We have previously discussed that debt collectors are not permitted to make any false or misleading statements. One of the ways that a debt collector can make a false or misleading statement is on a credit report.

A debt collector is not permitted to threaten or communicate false information, including the failure to identify that the debt is disputed. Title 15 U.S.C. section 1692e subsection (8).

This means that any time a debt collector reports to a credit reporting agency, they must identify that the debt is at least disputed, and if they know or have a reason to know that the debt is not valid, they are not permitted to report it at all. Further, if you dispute the debt, they are required to show that the debt is disputed.

Quite instructional, is the case Brady v. Credit Recovery Co, 160 F.3d 64 (1st Cir, 1998).  In the Brady case, the Mr. Brady never signed the lease in question. When Credit Recovery sent him a collections letter, he called them, and told them he never signed. He also did not send them a dispute letter (a mistake on his behalf, but not fatal).  Then, time went by. Mr. Brady decided to buy a house. He applied for a mortgage, and the lender saw that Credit Recovery was there, and not even bothering to report that the debt was disputed. The 1st Circuit held that once the consumer disputed the debt, the debt collector had to at least identify the account as disputed, and their failure to do so violated the FDCPA.

But the key here, is a factor of proof. You have to be able to prove that the debt collector reported the debt to the credit bureaus after you disputed. So how do you  ensure that this is in fact what happened?

You send a dispute letter under the FCRA to the credit bureaus.

This is important. The reason this is important, is that by doing the dispute, you force the debt collector to respond to the dispute. What should you put in the dispute letter to the credit bureaus? That depends on the facts. If the debt is not yours, you should explain that it is not your debt. If it is a debt that is beyond the statute of limitations, you should tell them that. If the debt is simply disputed, you should tell them that. Each of these, forces the debt collector to do an investigation, and report back to the credit bureaus. Once they do so, their failure to report correctly can result in a FDCPA violation, and in the right circumstance, a FCRA violation.

 

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES. 

YOU MUST BE A VIRGINIA RESIDENT.

 

OUR FEES: Our fees are controlled by the local rules and your situation.  They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

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If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.

You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230