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  #1  
Old 11-28-2003, 06:05 PM
funguy9
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collection laws


What is the name of your state? wisconsin
i am recently divorced and am being sought after for my ex wife's medical bills. they were incurred after the divorce was filed. the collection company reported to credit reporting agencies damaging information without varifying my involvment in the issue. is this legal? do i have any recorse?
  #2  
Old 11-28-2003, 08:27 PM
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Location: Somnambulist University
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"is this legal?"
*** Based solely on the limited information in your post, no.

"do i have any recorse?"
*** Yes. You can ask the creditor to validate the debt. This is done by asking them to provide copies of any records that PROVE you are responsible for the debt. This must be done in writing. Send it by certified RRR mail.
If they do not provide the validation, they cannot take action to collect the debt, nor can they report it in your credit file.

Go to: [url]www.creditinfocenter.com[/url] for more.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 12-01-2003, 08:38 PM
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Location: Virginia
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How long does a CA have to respond to a request for validation? And is it from the date of receipt as proven by certified mail receipts?
  #4  
Old 12-01-2003, 09:11 PM
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Posts: 6,454
They never have to respond. They just must cease collection efforts until they validate.
What you need to do is, dispute with the CRA's. Do so CRRR. If they verify with the CRA prior to providing you with validation, you have an FCRA violation you can use for leverage. They must mark the tradeline as "in dispute". The CRA has 30 days to investigate and respond to you.
  #5  
Old 12-02-2003, 02:12 PM
funguy9
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today i contacted an attorney and was told that basically there is nothing i can do. i have a credit report with the damaging entry from march of 2002 dated aug 27, 2003 and the itemized (validation) statement dated aug 28, 2003. what, if anything, can i do about this?

Last edited by funguy9; 12-02-2003 at 02:43 PM.
  #6  
Old 12-02-2003, 05:15 PM
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Is it still on your credit report and, is the tradeline marked as in dispute?
Who's the collection agency.
  #7  
Old 12-03-2003, 08:36 AM
funguy9
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yes it is still there. it is not marked "in dispute." the collection agency is alliance collection agency. this is not the first time they have done this to me. thank you
  #8  
Old 12-03-2003, 09:58 AM
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Join Date: May 2001
Posts: 6,454
Well, you have the right to sue them yourself in your local small claims court for FDCPA/FCRA violations.
Get familiar with both laws.
[url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]

[url]http://www.ftc.gov/os/statutes/fcra.htm[/url]

If you go this route, post at [url]www.creditboards.com[/url] for help in preparing a lawsuit.

Also, the Wi. AG seems very consumer friendly. I'd suggest filing a lcomplaint with her office. See if the website has some sort of online consumer complaint form.
What is the full name of the collection agency?
  #9  
Old 12-03-2003, 10:52 AM
funguy9
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the full name of the agency is alliance collection agencies, inc
thank you
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