Stop Debt Collectors in Virginia

Posts Tagged ‘False’

Not Paying a Payday Loan is NOT Criminal

Taking out a Payday Loan is a simple affair. You tell them how much you want, and they pretend that you have money in your bank account, because you have a Job.

Then, payday comes and you have other bills to pay, so you don’t pay them. First you get a polite call, then they get more aggressive, until finally, they threaten JAIL.
Should you be worried? Not even a little but. It is illegal in most states to write a check knowing that you do not have sufficient funds, with fraudulent intent. (For example: Virginia Code and Californian Penal Code.

But a Payday loan is different. You know there is no money there. They know there is no money there. If everyone knows there is no money, there can be no fraudulent intent.

Payday Loan Collectors Are Subject To The Same Rules As Other Collectors

Payday loan collectors are collecting a loan that was made for you to buy groceries, or gas, or pay the electric bill. A loan for personal expenses. A loan for family use. A loan for household expenses. That makes this a loan that is subject to the Fair Debt Collection Practices Act. And the collectors have to play by the rules. Not that they will, but they have to not be abusive or harassing, not say things that are false or misleading, and not say anything that is unfair or deceptive. You have certain rights when dealing with them, primarily to be treated with some respect.

You can even Make Them Stop.

Payday Loans Are Includable In Bankruptcy

Sometimes even good people need to file for bankruptcy. And some even have Payday loans.
Some payday lenders try to put in their contract that you will not include them in your Bankruptcy.
Some payday lenders tell you that you cannot Bankrupt that debt.
Some payday lenders just ignore the law, and tell you that they can collect anyway.
They are all wrong.

The US Constitution has a provision in it that CONGRESS has the exclusive right to set the rules of Bankruptcy. That means that you have a Constitutional right to file for Bankruptcy, and you cannot contract that right away.

The Bankruptcy code has a section on what is not dischargeable in a Bankruptcy. A check is not one of the things in that list.

The Bankruptcy code has a section on what is not stopped by the filing of the Bankruptcy. A check is not on that list.

Criminal “Bad Check” Is Different From A Payday Loan

As I mentioned above, most states have a criminal bad check law. Virginia, California, even Federal Law .

All of them have an important element. Intent.

When you write a check at the grocery store, there is a presumption in most states that if the check does not clear, that you had the intent to pass a bad check, to obtain money, or products or services intending not to pay for them.

This is not the same as a payday loan. A payday loan is based on the idea that you HOPE that money will be in the bank when the loan comes due. Isn’t that the same as any other loan? If you had the money, you wouldn’t have needed to borrow money, you would have paid cash. (Note: paying cash is always a better choice than a loan. It just may not be practical.) When you borrow money for a car loan, you hope that you will have the money to make the car payments. When you borrow money for a credit card, you hope that you will have the money for the minimum payments, or maybe, a little bit more. When you get a payday loan, you hope that you will have enough money to pay the payday loan back.

In each of these cases, everyone knows that you don’t have the money today. Even with the payday loan.

Now there is one exception to this, that is the one thing to worry about. An account that was closed before you took out the payday loan. If the account is closed, it is a different situation. You gave them false information so they would loan you the money. But the only time this exception applies is to accounts that were closed before the loan. If it was closed after, or if it just didn’t have enough money, then there can be no crime.

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

People occasionally want to have information removed from their credit file, but are not sure exactly what is wrong.  One of the key features of the Fair Credit Reporting Act is that to have a basis for a lawsuit, the information must be false.  But what is false or inaccurate information?

False means intentionally not true, intended to mislead or adjusted to deceive.

Inaccurate means not correct or exact, or having a mistake or error.

Simply put, the information is false if it is objectively not true.

Objectively not true means that a person looking from the outside would say this information is a lie.

Like what?

• Debts that are not yours.  This could be identity theft, or a mixed credit file.
• Late payments. This could be “late” payments on credit cards or “late” mortgage payments.
• Money that is owed, when there is a legal defense to the debt (like Bankruptcy).
• Changing the date of major delinquency, also known as date of last activity, like where they change when you were late.
• Showing that you are current on your mortgage when you do not have a mortgage.

Negative information has all the impact.

Negative information is more important to review than positive information.  While positive information can affect you in more subtle ways (it shows that your debt to income ratio is off), but that is much easier to explain.  The negative information – the lates, the defaults, the foreclosures and the repossessions- are much harder to explain away.

Not all negative information is false

Remember that just because information is negative does not mean that it should not be there. To have a right to sue, not only does the information have to be bad or negative, but false as well. Then you must go through the process of disputing the inaccurate information to the consumer credit reporting agencies.  And it never hurts to send a copy of your dispute to the source of the inaccurate information.

It is important that when you dispute, that your dispute explains what is false and inaccurate about the information that you are disputing. You do not want to just say “there is false information on my credit file. Fix it.” There is no way that they know WHAT is false, much less why it might be false. You don’t want to just say “this judgment is false” you need to tell them the judgment is false because you are not the one who was sued. You need to say this is not my account because I did not open this account, and I never used any credit card from these people.

An example from a lawsuit we filed.

An example from a case I filed-  There were 2 defaulted leases for credit card processing machines on my client’s credit file.  There is only one problem- my client had never done business with this vendor.  In fact, he had never been in business.  He had never leased any equipment.  Of course, they argued that somebody had defaulted.  And I am sure that is true, it just wasn’t my client.  It is false to say that my client defaulted on the equipment leases.

What happened, you might ask?  We went through the process, and we sued the consumer credit reporting agencies.   But how did it get there?  We are still not sure.  My job is not to find out why bad things happen, but to fix them when they do.

Image credit: Brad Gillette

If you have been impacted by anything we mentioned here, you can make an appointment to see us.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES. 

YOU MUST BE A VIRGINIA RESIDENT.

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

NO FEE IN YOUR FCRA CASE UNLESS WE RECOVER!!

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers to enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

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

13 COLLECTION MYTHS BUSTED

Many people believe the common myths of collections. Most of them are myths that are as effective as an ostrich sticking its head in the sand.  Don’t be an ostrich.

• 1.     If I make a payment they will leave me alone.

FALSE.  Usually, if you make a payment, it means that they know that you have some money, and will pay more.  They will bother you more, not less.

• 2.     If I make any payment at all, they cannot sue me.

FALSE.  In fact, making a payment may restart an expired statute of limitations. You may make it so that if they could not sue before, they can sue now.

• 3.     If I settle, it will improve my credit rating.

FALSE. If you make a payment, it may decrease your score, because there is now recent activity on a negative account.  Eventually, the score may go back up, but for the short term, the score will be lower.

• 4.     All debt collectors sue.

FALSE.  Most debt collectors do not sue. Check to see if the debt collectors are located in your state of residence (we are talking about Virginia here), and if they are licensed as a lawyer there. If they are not licensed in your state, then they cannot sue, they cannot get a judgment, and they cannot attach your wages or bank account.

• 5.     If I get sued, I can lose my house or my car.

USUALY FALSE. There are circumstances where people can lose their house or car, but those are relatively rare. Cars have an automatic exemption in Virginia for $6,000.  Houses do not have an automatic exemption, but most homes do not have enough equity in them to be at risk.

• 6.     If I get sued, my spouse’s wages can be garnished.

FALSE.  Only you are responsible for the debts that you owe.  Virginia is not a community property state, so spouses are only responsible for the debts that they sign for, or are for medically necessary expenses.

• 7.     If I get sued, my spouse will be liable for my debts.

FALSE.  Only you are responsible for the debts that you owe.  Virginia is not a community property state, so spouses are only responsible for the debts that they sign for, or are for medically necessary expenses.

• 8.     If I get sued and don’t go to court, they can’t get a judgment.

FALSE. You only are entitled to get notice and have a fair hearing.  If you do not show up, then it is your problem.

• 9.     If I move and don’t tell them, they can’t sue me.

FALSE.  A creditor can sue and get a judgment based on service at an address you used to live at, if you do not keep them in the loop about where you live.

• 10.If they get a judgment, my entire wages can be attached.

FALSE.  Under Federal law, your wages can only have 25% taken, except for certain debts, like taxes and child support.

• 11.If they get a judgment, they can take my social security money.

FALSE. Social Security Disability and Supplemental Security Income cannot be taken, even if it is in your Bank account. In fact, the Federal Regulations have been recently changed, and the bank must protect, automatically, 2 months of SSD or SSI benefits.

• 12.If I don’t pay, they can put me in jail.

FALSE. Almost all debts, including credit cards and payday loans, are civil matters, for which the failure to pay is not criminal. It is not fraud to fail to pay almost any debt.  Of course, there are exceptions, for example, child support and taxes can put you in jail, and a payday loan taken on an account that was closed when you took out the loan.

• 13.If my car is repossessed, I don’t owe any more money.

FALSE.  Under the laws of most states, you owe the difference between the balance of what was owed and the amount they got when they sold the car.  Of course, there are some exceptions, and time limits.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES. 

YOU MUST BE A VIRGINIA RESIDENT.

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

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.

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 happens when a creditor has a judgment and you have a joint bank account?

The creditor can issue a garnishment (seizure order) to the bank, and freeze all of the money.   A separate notice is then sent to the other account holder. They then have the opportunity to come to court and claim that some or all of the money in the account is theirs.

In order to do so, they must come with 2 or 3 months of statements, and proof of the source of the deposits.  For example, they need to bring pay advices showing that they are the one who deposited amount X on date Y.

If the joint account holder does not show up in court, the judgment creditor gets the benefit of the doubt, and gets all of the money.

One of the first things we always ask is how did the case get this far.  Sometimes there are things we can do to alleviate the problem.  Sometimes we will recommend Bankruptcy.

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.

DISCLOSURE: Pursuant to Federal law, KCLS is a debt relief agency.  We help people, who need those services, to file for Bankruptcy, if there is no other option.

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

There is a recent Virginia Supreme Court opinion that says that the ability to bring a lawsuit, “standing”, must be in existence at the time the lawsuit is filed.  In Kocher v. Campbell, the plaintiff had been in a car wreck in 2004, filed Bankruptcy in 2005, and not listed the asset of the potential personal injury claim in his Bankruptcy.  He eventually voluntarily dismissed the lawsuit, then reopened his Bankruptcy to  show the asset of the personal injury claim.  Before the trustee abandoned the PI claim (personal injury money is exempt in Virginia pursuant to Virginia code 34-28.1), the plaintiff filed suit again.  However, because he still did not have the right to bring the claim (because the trustee had not abandoned the claim) he was not the right party—he did not have “standing”. The Virginia Supreme Court ruled that the lawsuit, when brought by someone who does not have the right to bring a lawsuit- because they are not the right party- the lawsuit is a legal  nullity—it does not exist.  You can read about the case here.

What is the lesson we should learn from this?  That EVERYTHING that you MIGHT have a right to—car accidents proceeds, inheritance, wrongful death proceeds, ANYTHING, must be disclosed to your lawyer when you are filing for Bankruptcy.  This plaintiff lost the right to get anything out of that lawsuit because he did not have the right to bring it.

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

Everyone knows that you have to pay for the products that you purchase.  Some you pay for with cash (or cash equivalent- checks, debit cards, etc).  Some you pay for with credit- credit cards, loans, etc.

The “story” of a cash purchase ends there.  You have paid for it, it is yours.

The “story” of a purchase made with credit does not end there.  If you don’t pay the lender back, they have the right to repossess the thing you bought.  The most common examples are cars and houses.  Theoretically, your credit card purchases at Best Buy are in the same category, but not always.

In the case of a car loan, there are specific rules the lender must follow.  These rules are governed by Virginia Code’s version of Revised Article 9 of the Uniform Commercial Code, codified at VA Code sections 8.9A-100 through 8.9A-709.

When a car loan is defaulted, they have the right to repossess, but they must give you certain notices.  They must tell you that they are going to sell the car, and how long you have to get the car out of “hock”. They must tell you that if the car is sold, that you will be responsible for any short fall (“Deficiency balance”), and that if there is an overage (“Surplus balance”) that you will get that amount back (surpluses are very rare).  After they sell the car, they must send you an accounting, and tell you how much the deficiency or surplus balance is.

If they don’t there are 2 consequences.  The first is the one that is most important- you are not responsible for any deficiency. The second is that you have the right to sue them for the entire amount of the interest charge, plus 10% of the principal.  VA Code 8.9A-625[c]. You are not entitled to attorney fees and costs.

This includes when a car dealer sells a car, and fails to obtain financing. The Virginia Supreme Court recently held Victory Nissan of Chesapeake to that in Cappo Management V, Inc. v. Britt., and awarded damages to Ms. Britt.

This is common in yo-yo sales.  If you are the victim of this kind of abuse, you do not need to file for Bankruptcy protection.  Let us help turn the tables on the collectors for you.

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

The Fair Credit Reporting Act is designed to protect consumers from inaccurate or outdated information on credit reports. But there is a more insidious problem looming.

Tax Return ID Theft is on the rise.  Yahoo News has a story about how it is getting bigger.

Tax Return ID Theft is when someone else uses your social security number and other personal identifiers to work or obtain other government benefits.  Usually this is done by an illegal alien, who needs your personal information to give to an employer so they can work.

To combat this growing scourge, it is important for you to safeguard your information and documents. Just as the advertisements suggest, you should destroy documents with your full social security number rather than just throw them away.  You are even better protected by not disposing of them at all.

If you are the victim of tax return fraud, you should contact the IRS, and send in a Tax Form 14039, a tax ID theft Affidavit.  This will help some in your efforts to control the damage.

But you should also be checking your credit file. Identity thieves rarely limit themselves to just your work records.  You should be ordering your consumer disclosures from the 3 national credit reporting agencies. You can do this by mail, or phone.  Download the form for requesting your credit report by mail, or call the central number for ordering by phone-  877-322-8228.

NO FEE IN YOUR FCRA CASE UNLESS WE RECOVER!!

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

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

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

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

It is legal to record phone calls, but we advise that you do not, and we suggest that this article is a good starting point on why not.

A summary of Herring and Watts article is that in some states where collectors operate, it is illegal to record without the consent of all parties, and it is not strictly necessary- your testimony is admissible.

Virginia law is that any party to a conversation may record.  VA Code §19.2-62.

Federal law is that any party to a conversation may record.  18 U.S.C. §2511.

There are 10 states that require that all parties to a conversation must consent, or the recording is criminal.  California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington each require the consent of all parties to record.  The balance allow anyone who is a party to the conversation to record.

In ALL states and by Federal law, recording a conversation that you are not a party to (eg: recording your next door neighbor’s conversation) is criminal.  There are exceptions in criminal justice, when the government obtains a warrant for a wiretap, but generally, it is illegal.

It is often very difficult to determine what state the collector is located.  Further, even if you are located in a 1 party state, and they are located in a 2 party state, the question then becomes what law applies.

As a result, we agree with Herring and Watts, and say that even though it is legal, we advise that you should not record your conversations. In the event that you do record, we advise that you disclose that you are recording, and tell the collector that by staying on the phone that they are consenting to being recorded.

Your notes of a call are perfectly good records of what happened.  Here is a link to a form for tracking calls, and making notes of what happened.

Also, you can have other people listen to your side of the conversation, or even participate in the conversation.

If you have been impacted by anything we mentioned here, you can make an appointment to see us.

NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

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

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

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

Attorney debt collectors are not exempt from the law just because they are lawyers. They actually have a slightly higher standard of care that they must engage in to comply with the law.  They must make sure that what they do to collect not only complies with the rules of collection, but also the rules of ethics.

The statute of limitations is a rule that sets the time for a someone to sue to collect. It is not a time limit to collect, or garnish, or take other collection activities, but to file the lawsuit.  And the time varies from jurisdiction to jurisdiction and circumstance to circumstance.  The time to sue on a credit card in Virginia is different from the time to sue on a defaulted car note in California.  Beyond that time, the debt is barred by the statute of limitations.

The Fair Debt Collection Practices Act prohibits misrepresenting the amount, character or legal status of a debt in an effort to collect on that debt.

But on a regular basis, they do sue on debts that are time barred.  For example, in this article, National Credit Adjusters threatened to sue on time barred debt. Here is another article on time barred debt.

When they sue, they are representing to you and the court that they have the legal right to sue.  That the time has not passed.  But if it has passed, they are making a false representation.

It is not unethical to sue on a time barred debt in Virginia.  Do not make the mistake of making a complaint to the state bar.  This is because in Virginia, the statute of limitations is an affirmative defense.  That means that YOU must bring it up to be an effective bar against collection.

Krumbein Consumer Legal Services, Inc., is happy to help consumers who have been impacted by debt collection attorneys who have sued after the expiration of the time to sue.  The facts and law vary from case to case, so it is important to contact a lawyer before the gavel falls, so if you are sued in Virginia, make an appointment to see us soon.

If you have been impacted by anything we mentioned here, you can make an appointment to see us.

NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

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

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

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

The Fair Credit Reporting Act is designed to protect consumers from inaccurate or outdated information on credit reports.

CONSUMER REPORTING AGENCY REINVESTIGATIONS and The Fair Credit Reporting Act

All references to code sections are courtesy of the Legal Information Institute at Law.Cornell.edu.

The Fair Credit Reporting Act requires the Credit Reporting Agencies, or Consumer Reporting Agencies to conduct a reinvestigation and the procedures around that reinvestigation.

The section that discusses the requirements for reinvestigation of a disputed item is 15 U.S.C. §1681i.

As usual, we start with the statute.  Please note that we will only be reviewing the section on reinvestigations, so the rest of the section will not be reprinted or discussed.

This section requires the consumer credit reporting agencies to have procedures if they are unable to verify information, or if they discover that information is inaccurate.

It requires that the information that they cannot verify be deleted or changed, and that information that is inaccurate be changed or deleted.

An example of unverifiable information is where the furnisher of the information provides information that a person has failed to make certain payments (ie: been late) on a debt, but is unable to provide the records that show that the person has not made those payments.

In this case, the consumer credit reporting agencies must remove the information that the person has failed to make those payments.  They have to report that the person is current.

Another example of inaccurate information is an account created by identity theft.  Clearly, it is not accurate to report that a person owes money to a certain creditor when that account was opened by someone else.  In this case, they must delete the inaccuracy, and remove all reference to this account.

If you have been impacted by anything we mentioned here, you can make an appointment to see us.

NO FEE IN YOUR FCRA CASE UNLESS WE RECOVER!!

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

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

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.