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Debt Collector Loss

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Hellsbells

Junior Member
I was sued in local small claims by a debt collector who has been reporting on my credit since early 2019. Went to court last week and they lost due to lack of evidence. Can I sue them back for the time they reported on my credit report?
 


Zigner

Senior Member, Non-Attorney
I was sued in local small claims by a debt collector who has been reporting on my credit since early 2019. Went to court last week and they lost due to lack of evidence. Can I sue them back for the time they reported on my credit report?
Probably not successfully.
 

adjusterjack

Senior Member
I was sued in local small claims by a debt collector who has been reporting on my credit since early 2019. Went to court last week and they lost due to lack of evidence. Can I sue them back for the time they reported on my credit report?
In 2016 you asked if you could successfully sue a creditor if you lost the lawsuit. The answer was no.

https://forum.freeadvice.com/threads/suing-original-debtor-or-debt-collector-after-civil-case.624302/page-2

This time you're asking if you can successfully sue a creditor when you win the lawsuit. Possible, but difficult to prove that the lawsuit was malicious or frivolous. Could have been just a mistake. Besides, you won on a technicality (lack of evidence) you didn't actually prove that you didn't owe the money.
 

zddoodah

Active Member
Can I sue [it] back for the time they reported on my credit report?
Anyone can sue anyone for anything. However, you won't win, unless you can prove that the creditor knew or should have known that it had no legitimate basis for making the report and can quantify your damages.
 

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