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Old 03-17-2004, 09:48 PM
brownmattc
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Company trying to collect a non-valid debt


What is the name of your state? Hawaii

I have a company that is claming I have a debt with them. This is by no way valid. How can I go about legaly forcing the company to stop trying to collect this debt?

Here is the story. The company sent the debt to collections who has been trying to collect it. The company cannot prove that I have a debt with them so it gets taken off my credit by protest. The company then hires another collection agency to try to collect the debt which puts another ding in my credit. Once again it gets removed by protest.

How can I stop this cycle?

Thank You,

Matt
  #2  
Old 03-17-2004, 10:22 PM
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Join Date: May 2001
Posts: 6,454
Sue the orginal creditor. You have the right to take private action against anyone who reports false credit information.


Civil Liability under FCRA for Furnisher of Information
Nelson v. Chase Manhattan Mortgage Corporation
The issue in the case was whether the FCRA creates a cause of action for a consumer against a furnisher of credit information. The 9th Circuit Court of Appeals held that the FCRA is to protect consumers against inaccurate and incomplete credit reporting and Section 1681s-2(b) provides a private remedy to injured consumers. Thus, a consumer can sue a company for furnishing inaccurate and/or incomplete information. In this case, the furnisher allegedly failed to take prompt and appropriate corrective action once it was notified that it had reported inaccurate information.

The FCRA says you can sue yourself in small claims court or, a higher court if you like.
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