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  #1  
Old 04-15-2003, 11:27 AM
Floyd91
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Angry

Collections Issue: Can I sue?


What is the name of your state? Oregon

There was a collection that was my cousins and mine from an apartment that we rented. The agency took us to court and I agreed to pay them 150 bucks a month until the debt was paid while they garnished my cousin’s wages (he is irresponsible). Well we (my girlfriend and I) missed a payment by three days and they decided to garnish mine as well. I decided to come up with all the money. On February 2nd, 2003, I paid the balance in full. The lady at the collections agency said that we would receive a letter from them and one from the court within 30 days. Well on March 5th, there was still no letter. I decided to call the collection agency and see what was going on. A different lady told me that they personally did not send a receipt or document that I had to go down to the courthouse and get the satisfaction of judgment forms myself. I went down to the courthouse, sat in a little room, using the oldest computer system I have ever seen, and found the case…which showed that no satisfaction of judgment had been filed. Needless to say I was pissed. While walking out of the courthouse I called the collections agency and laid into the stupid woman that said it was satisfied. She hung up on me! Well that night I decided to file a credit report to see if it would come up on there. My report is dated March 6th, I disputed the collections agency’s entry for the said amount saying that it was paid in full on 2/3/03. I received the letter of my disputes that stated they contacted the agency after March 6 and that it was being reported correctly. WHICH IT ISNT! My girlfriend and I are trying to buy a house and suffering from punitive damages from this credit agency not reporting correctly. Should or can we sue for damages??
  #2  
Old 04-15-2003, 12:04 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Yes, you can sue for inaccurate reporting. Its fairly recent, and not all companies report every 30 days. YOU don't send in the "Satisfaction" papers, that has to come from the judgment creditor. Send them an intent to sue letter, shake 'em up. You want the Satisfaction letter sent to you AND filed with the court immediately or you will sue them. Until the public record is updated to reflect the satisfaction, the CRA's are going to verify the info. Get that updated, then if the CR isn't fixed you have a case to pursue.
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  #3  
Old 04-16-2003, 04:10 PM
Floyd91
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Talking

thanks for your help
i will try to find a attorney that will do that for me.
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