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Can you take a collection agency to small claims court for not removing a paid collection account?
Wiki User
∙ 15y ago
You can take a creditor or a listed party on a credit report to court for not removing notice on your report if, that account is paid off, seven (or ten in the event of a judgment) years has elapsed from the date of last payment, and thirty days have passed since you requested the account be pulled in writing, by registered mail. All three of these must occur before you should take any creditor or reporting agency to court. Small claims would be a waste of time considering the sizable payouts that can be recovered for unfair and fraudulent reportings.
Wiki User
∙ 15y ago
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How do you remove a paid collection from your credit report if you paid even though disputed and did not agree with it and provided proof to original creditor who still sent you to a collection agency?
Don't let a collection agency push you around. As a consumer you have many rights. The best places for anyone to exercise their rights are in small claims courts. For less than $100 you can bring a collection agency to their knees.
Can collection agencies get on your credit report without proof that you owes money to the creditor who claims you do?
The answer to this question hinges on your understanding of the word "proof". A consumers' standard of proof is not the same as a collection agency, or the credit bureaus. Their standards of proof, or verification, would fall far short of your definition. Case law has upheld their version. Having your identifying data, like name, address and social security number, and a ledger sheet of the account with balance and interest accrued is what is accepted in court as proof. Consumers need to be aware that at no time will business or legal entities involve themselves in the nature of their dispute. When the issue is "proof", you need to address that will the "person that claims...".
What is critical account?
A response/analysis that analyses the validity of an author's claims.
Can a collection agency obtain a judgment for a charged off credit card once the 7 years have passed?
The 7 year designation relates to the time a negative entry can remain on a credit report not to collection procedures. A collection agency does not have the legal power to sue someone unless the agency is a collections law firm. A creditor must file a lawsuit in the state court where the debtor resides, win a judgment against the debtor and then use the judgment to collect the debt. Only an attorney licensed in the state where the debtor lives can file a lawsuit; the one exception being UCC arbitration which can be appealed. It is possible that the state SOL for debt in which the person lives has expired and the collector can no longer pursue litigation. NEVER accept what a collection agent claims as the truth. Collectors work on commission and some will say anything, and often violate FDCPA and other consumer laws. NEVER give a collection agency financial information or agree to any terms other than those submitted in writing. ALWAYS become informed of your legal rights in relation to the laws of the state of residency. The law allows a debtor to send a letter of "cease and desist" to stop a collector from contacting them or their family members.
What is a claims exchange transaction?
claim exchange transactions are transactions that increase one claim account and decreases the other.
Can a collection agency falsley claim to have a judgment against you?
No. A collection agency may not legally make any false claims. However, they may have obtained a judgement by default if you failed to answer a summons.
Can a collection agency sue you in court?
A collection agency cannot file a lawsuit against a debtor. The agency can refer the account to a collections attorney who is licensed to practice in the state where the debtor resides, and that attorney can file a suit against the debtor. Some collection attorneys or firms are also licensed to arbitrate accounts, which means the account is sent to the National Arbitration Board rather than the use of standard civil lawsuit procedures. Actually - a collection agency CAN sue you in court, IF the collection agency owns the account. However, you are correct, they cannot file a lawsuit against a debtor IF they are acting on behalf of the original debt owner, i.e., Sears, JC Pennys, etc. Most collection agencies, who actually OWN the debt account, purchase these things at very small costs ... as the original folks have written it off their books. Therefore, if they do take you to court, most likely, it will be small claims court... Debt collection, inlight of credit cards, etc., is actually a CIVIL matter and NOT a criminal matter.
Can a collection agency put a lien on your car or home when you returned the rental property over 3 years ago?
A collection agency doesn't have the power to do anything other that aggravate you. They can with the agreement of the original creditor turn your account over to a collection attorney. The answer to your question is NO! For the amount in question it would be a small claims court judgment (if they got one). I assume there was an outstanding balance on the rental They might be able to get a wage or bank account garnishment. But that too is questionable. If anyone from a collection agency has told you they can place a lien against your property. They are in violation of the FDCL and could be fined or sued for their actions.
How do you remove a paid collection from your credit report if you paid even though disputed and did not agree with it and provided proof to original creditor who still sent you to a collection agency?
Don't let a collection agency push you around. As a consumer you have many rights. The best places for anyone to exercise their rights are in small claims courts. For less than $100 you can bring a collection agency to their knees.
Can you report a tenant who broke lease and owes 2 months lease?
An individual landlord is not able to directly report a tenant to a consumer credit reporting agency such as Experian. If you decide not to obtain a judgment in small claims court, then you can turn the account over to a collection agency, who is able to report the outstanding debt. However, the collection agency will get 30%-50% of amounts they collect. If you do obtain a judgment, it is a public record and reported to the consumer credit bureaus automatically. Actually a landlord can report debt as a collection account for less than $20 per debtor. Check out my blog at www.thelandlorddoctor.com or contact me at Bill@thelandlorddoctor.com
How do you get paid for lawn cutting services that are over due in TN?
Probably the best way is to take the customer to small claims court or to use a collection agency
How do collection agencies decide which borrowers to sue?
There are costs associated with bringing a civil lawsuit and collection agencies want to be sure of the following: * There is a good chance that the collection agency will win * The amount of money is significant - not small claims * All attempts to collect (legally via FDCPA) have been met with a lack of payment If the collection agency has one or more attorneys on staff, they will be more likely to pursue borrowers in court as the expense to do so is lower with in-house counsel vs. retained counsel.
When a collection agency files a lawsuit and you reach a settlement with prejudice what does that mean?
When a lawsuit reaches a settlement with prejudice it means that the case is won. A person may still have to pay money or relinquish claims to a debt collector.
If the credit card company has charged off the full debt can the attorney who claims to directly represent the Credit Card Co sue the debtor?
Yes. A charge off is NOT the dismissal of the debt. It is a term used by creditors to remove the account from their books so it can be listed as a loss on their taxes. The account is then taken over by a collection agency or collection attorney who can recover the debt owed by whatever means neccessary. Which includes filing a lawsuit, being awarded a judgment, enforcing the judgment against wages, bank accounts and any non-exempt property.
Can a debt be eliminated in small claims court if neither the retailer nor the collection agency informs you of the fees and interest?
No. The retailer informed you of the interested rate when you signed the credit application. And if it is not in the credit application, which I doubt, then the interest would be governed by state law and could be added to the amount claimed at the small claims hearing.
How do you fix your credit report if an original paid collection account is now listed with multiple other collection agencies a year later?
Your best bet is send a certified letter to the agencies who have your debt listed. Be polite and give them 30 days notice to remove the negative information. After 30 days have expired run another credit report to see if they removed the information. If the negative information is not removed you should file small claims judgment against the credit-reporting agency.
Can a collections agency issue a warrant for arrest for a credit card debt?
No they can not issue a warrant for your arrest. Any collection agency that does should be reported immediately to the proper authorities. They will be fined and will lose their license to collect. However, collection agencies can refer your debt to a law firm that specializes in civil claims regarding credit card debt. Those firms can in turn send notices that threaten to file civil suits in a court that covers your city.
