Fact: A lawsuit is a claim that you owe money.
Fact: If the debt collection lawsuit was dismissed with prejudice (as opposed to a non-suit) it means that the debt is not owed. Collections must stop.
Fact: If the debt collection lawsuit was dismissed without prejudice or non-suit it means that the debt collector is chosing not to proceed, but NOT that it is not owed. Collections may stop.
Fact: A debt buyer cannot continue to report a debt as owed that a judge has decided is not owed. That is simply false reporting.
At Krumbein Consumer Legal Services, Inc., our lawyers understand these facts and how to assert your rights under consumer protection law. Under the Fair Debt Collection Practices Act and Fair Credit Reporting Act, you can sue a debt buyer who continues to report a debt on your credit report after you win at trial. It is more complex if the case is either non-suited or dismissed without prejudice.
Contact us today for a free confidential consultation.
Our Dedication to Consumer Protection: Filing Suit Against Debt Buyers
Some debt buyers and collection agencies are not fair in their dealings with consumers. They will often continue to report a debt on a consumer’s credit report in an effort to get the consumer to pay the debt, even when they know they are not legal entitled to collect. After all, with a blemish on your credit report, you will be unlikely to qualify for any credit.
Our attorneys have filed many lawsuits on behalf of consumers against debt buyers. See our Recent Consumer Cases page for details about these cases.
Immediate Steps to Take After Your Trial Success
If your case was dismissed with prejudice or a judge ruled in your favor, you can begin immediately to ensure your credit is repaired and the debt is removed from your credit report.
- Request a free copy of your credit history by mailing the request form (PDF), or call 877-322-8228.
- Send the following information and request to the consumer reporting agencies: Equifax, Experian, and TransUnion (You can find the addresses here):
- Detail that you were sued, and you won
- Case name and number of the debt collection lawsuit
- Court name and phone number
- Name and account number of the debt buyer
- Name and phone number of the debt buyer’s attorney
- A formal request to remove this account from your credit report since a court ruled in your favor.
Under the Fair Credit Reporting Act, these credit reporting agencies are required to investigate your claim. If they do not, you can file a lawsuit against them, as well as the debt buyer who continued to report the debt as owed. You can turn the tables on the abusive collectors. Under the Fair Debt Collection Practices Act, the debt collector cannot report that you owe the money, as they would be reporting false information on your credit report.
Your case is not likely to be over even if you won your debt buyer lawsuit. Call our consumer protection attorneys at 804-673-4358 or visit our Contact Us page.
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
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5310 Markel Rd.
Richmond, VA 23230