How can I sue a credit reporting agency, creditor, collection agency in NJ for violation of the FCRA and FDCPA
Question by a1_footer: How can I sue a credit reporting agency, creditor, collection agency in NJ for violation of the FCRA and FDCPA
I have been working on cleaning up my credit report and have learned about the FCRA and the FDCPA — I have made numerous attempts to clear information up the creditor is incorrectly reporting to the agency– the credit report agency agrees with the creditor despite my proof that contradicts what agency is reporting. Can I sue in small claims court? – I have certified mail and a bundle of documented proof.
Answer by OC1999
The short answer is Yes you can sue, but the real question is will you be able to prevail. The FDCPA does not apply to Original Creditors only to 3rd Party Debt Collectors(Collection Agencies). But the FCRA does require that any information reported is correct. It does not matter if they are the Original Creditor or Collection Agency.
It also matters what you think the incorrect information is. If for example you paid a debt, that does not make it automatically go away on your report. The only thing they are REQUIRED by law to do is mark it as paid and 0 balance. As long as it is reported correctly you have no grounds for a suit.
Now in order to sue you must follow specific steps. Who have you disputed the debt with? It sounds as if you just reported it with the CRA’s. If it was just with the Credit Reporting Agencies, you have more work to do. You need to dispute it with the actual company reporting the information.
If they are a Collection Agency you must send them a Request for Validation. In the letter you need to have them provide proof that they have the right to collect the debt, proof that you owe the debt that is they need to send you the amount owed and payment history. They have 30 days to respond. If they do not respond in 30 days you can write the CRA’s stating they did not respond and you will have the information removed.
If they valiate the debt you then need to send them proof that you in fact did take care of it. If they still refuse to correct it you can then file a suit.
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