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Illegal practices, want to sue without proof, not looking to profit

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FrustratedMom16

Junior Member
What is the name of your state?
I live in KY. Some service I had failed to provide so I stopped payment. Went to the collection agency Rosenthal, Morgan and Thomas out of MO. So 1st phone call the lady implies they are an attorney's office. I tell her I don't owe. She tells me failure to pay will result in a lawsuit and their lawyers will charge up to 5,000 plus legal fees on top of my alleged debt. She sends me my "contract" which is incomplete, has a page I've never seen and there isn't a signature or initial proving I had and none of it explains the debt they claim I owe. Next call, I demand she cease and desist. They call again, I repeat this and she tells me they won't stop calling, demands I get a lawyer (actually, they demand this every time), is super hateful and they always continuously interrupt you. Sadly, I haven't recorded any of these calls. I'm wondering if it's possible to sue them for like 80 bucks and hope they don't bother to show. Then I can just have it removed from my credit whenever it shows up and they'll have to leave me alone as well. But I don't know if a judge would grant a default win without evidence. I could print out 50 or so similar complaints I've found online but that's about it.
 


justalayman

Senior Member
First, your cease and desist demand must be in writing.

Then, no idea where that $80 comes from but even if you did win, it wouldn’t affect them reporting a debt you owe, or is claimed you owe.. if you don’t owe what is claimed you file a dispute with the credit bureaus. If they determine,the debt is supported as the law requires, they can continue to report the debt but there will be s note attached to your credit report that you dispute it.

If you actuslly want the debt removed you will have to sue them seeking a declaratory judgment. If you prevail there and the judge declares you don’t owe the debt, any further reporting of the debt allows you to sue the reporting agency for a violation of the fcra.
 

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