Credit bureau debt disputes using the Fair Credit Reporting Act

Credit bureau debt disputes using the Fair Credit Reporting Act are the topic of this blog post.  Credit bureau (CRA) debt disputes are submitted under the provisions of a pursuant to a federal law known as the Fair Credit Reporting Act (FCRA) found in Title 15 United States Code § 1681 et seq.  The FCRA was created by the United States Congress through legislation back in 1970 and has been amended several times.

The FCRA requires that any CRA who has received a debt dispute letter must conduct "a reasonable investigation" into the disputed information and remove anything they can't verify as accurate. Equifax, Experian and Transunion are popularly known as the “big three” CRA’s.  It is my personal opinion that the most effective way of disputing any debt with the credit bureaus is through the use of a detailed letter disputing the debt and providing as much information and documentation as possible along with the letter.

A recently created federal agency known as the Consumer Financial Protection Bureau accepts complaints at their website at http://www.consumerfinance.gov/complaint/ in the event that any CRA does not properly investigate or does not respond to repeated dispute letters sent by a consumer.

I cannot stress enough the critical mistake that some consumers make by submitting their debt

dispute to a CRA either online or over the telephone.  NO consumer should ever submit any debt dispute to a CRA either online or over the telephone as in most cases they will not have the opportunity to include enough information. It is true that Equifax, Experian and Transunion all prominently feature on their websites that you can submit your dispute online or over the telephone and it sounds much more convenient, however I strongly recommend that you submit any debt dispute through a detailed letter sent by certified mail, return receipt requested to all of the CRA’s that are reporting inaccurate or obsolete information on your credit report. 

Credit bureau debt dispute letters should be at least one full page if not more and should state in detail the fact as to why the information in the credit report is inaccurate as well as containing copies of documents that support the claim of inaccurate information being reported.   Do NOT send original documents to the CRA in any case as you may never see them again. It is also very important to keep several copies of the debt dispute letter and all documents that were provided for your records.

A lawsuit can also be filed against any CRA although in my personal opinion the filing of a lawsuit should be considered as a last resort. Consumers should be sure that they have copies of not only the debt dispute letter but all of the attachments that were sent along with it.  The reason for this is that in the event that you fail to provide the CRA with a detailed explanation of the dispute they may simply respond to any lawsuit by claiming that they are not liable as they did not receive adequate information to investigate the dispute.

Anyone who disputes a debt with a CRA should ensure that they save multiple copies of ALL evidence that could be used in court to prove that they have been damaged.   The consumer submitting the evidence should also include documentation that there is a factual disagreement about what happened to their debt dispute or disputes.  If you fail to save all of the evidence supporting your claim the CRA or the furnisher of the information may file a motion for summary judgment which could result in the case being decided by a judge instead of having a trial by jury.

The most important procedure to remember and to document is to copy and save in a safe place  the certified mail receipt that shows that the CRA received the debt dispute letter as the big three CRA’s are notorious for consistently losing or at least claiming to lose correspondence from consumers. Also important are any letters detailing all denials of credit that have been received as those are proof that a consumer may have been damaged by errors in their credit report.

Consumers should also be sure to include enough information in their debt dispute letter to make sure that the CRA or the furnisher of the information has copies of all documents relevant to the dispute for their review. They may not conduct a reasonable investigation of your dispute but at the very least you will be have proof that you sent the documents to them.

Consumers should also keep in mind that many CRA’s are somewhat unlikely to use the evidence provided to investigate any complaint.  The advantage of providing as much evidence as possible is that this will make it much harder for the CRA to later claim that the error is the fault of the consumer because they did not provide adequate information.

Another letter along with all relevant documents should also be sent by certified mail, return receipt requested to the furnisher of the information to ensure that the furnisher of the information cannot later claim that that the error is the fault of the consumer because they did not provide adequate information.

Although there are exceptions a CRA can be held liable under the FCRA for reporting negative information more than seven (7) years old and any bankruptcy more than ten (10) years old.  In most cases a court judgment can be reported for no longer than ten (10) years or the statute of limitations for enforcing a court judgment in the state where the judgment is entered which may be more than or less than 10 years depending on the particular state where the judgment was entered.   

Another issue to watch out for that should be properly disputed is what is known as re-aging of debt. This happens because debt collectors will often sell accounts to one another and occasionally they will report an inaccurate time causing the debt to be reported longer than it should.

Attorneys or parties that would like to view or download a FREE 3 page debt dispute letter to all three credit bureaus created by the author of this blog post can use the link shown below.

Sample dispute letter to credit bureau

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The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
 

 

Written demand to cease and desist to collection agency

A written demand to cease and desist to a collection agency is the topic of this blog post.

Consumers have the right to send a written demand to a third-party debt collector such as a collection agency to demand that they cease all communications if so desired, or that all telephone communications be ceased.  

Demands to cease and desist to a collection agency are authorized by the provisions of the Fair Debt Collections Practices Act (FDCPA) found in Title 15 United States Code sections 1692c and 1692k. The FDCPA states in pertinent part that any consumer may send a written demand to any third-party debt collector such as a collection agency. The State of California has a law which is much broader in scope and is known as the Rosenthal Fair Debt Collection Practices Act which has a provision found in California Civil Code Section 1788.17. This provision authorizes the use of a cease and desist letter to any debt collector regardless of whether they are the original creditor or not.

A collection agency cease and desist demand should be sent by certified mail, return receipt requested so that the consumer has documentary evidence that could be used in court if the collection agency does not comply as continuing collection efforts after being notified in writing to cease and desist is a violation of both the California and Federal versions of the FDCPA.

Copies of all written communications as well as all documents and receipts that relate to the mailing such as the signed return receipt for the certified mail should be made by the consumer.

Additional ways in which debtors can deal with any debt collectors including collection agencies will be discussed in future blog posts.

Attorneys or parties who would like to view or download a sample collection agency cease and desist letter created by the author of this blog post and available for FREE download in Word format can use the link shown below.

Sample cease and desist demand to collection agency

 

Attorneys or parties who would like to view portions of over 300 sample legal documents for California and Federal litigation sold by the author of this blog post can use the link shown below.

View over 300 sample legal documents for sale

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

The effect of the Credit Report and Credit Score on Spousal Support Requirements

The effect of the Credit Report and Credit Score on Spousal Support Requirements is the topic of this blog post. 

Any attorney or mediator who is working with a client involved in divorce proceedings needs to understand the impact that the valuable information contained in a true and accurate credit report has on efficiently reaching the terms of an equitable settlement.  The lack of a true credit report with a credit score puts different but equal pressure on any settlement negotiations if both reports are not available and may change the ‘starting point’ parameters and expectations of the negotiations.

Because of the revelations and informative detail that it contains, the subscriber credit report with a credit score, is the most relied upon information source for all commercial lenders, employers and many insurance companies.   

By obtaining a subscriber credit report (with a credit score), the level of social and financial reliability of each party, and several crucial economic factors that are clearly relevant to the ultimate terms of the agreement can be more accurately confirmed as well as the true credit identity of each party.

If the lower wage earner has a good credit history and can most likely get a job, the requirement for transitional support in a financially realistic agreement, may be a lower support payment and/or a shorter period of time.

If one of the partners has been a stay-at-home spouse instead of a wage earner, it's quite likely that there are going to be higher cost needs in order for that parent to generate enough income to be self-supporting.

Consider the case of a stay-at-home spouse that has no job skills, no personal credit to use during the transition period, and no personal credit identity confirmed by the credit report. As a result of these factors, there is also no credit score. The credit score is very important for many kinds of jobs.

Almost every employment application includes a request that the applicant grant permission to obtain a credit report or check the applicant’s credit score. This is done so that the employer has a basis to evaluate the desirability of the applicant for potential employment.  If that background check comes back “no credit report” or “no credit score,” it's going to be very, very difficult to get anything other than a menial job, if that.  As with a stay-at-home spouse, the higher earner will typically have to pay out more during the transition period.

Organizing and decoding credit related documents can be outsourced to a specialist if your office staff isn’t trained/experienced in dealing with credit related foundational issues.

If you are an attorney or mediator with questions about credit reputation and how it can affect your clients, click here: www.creditdamageexpert.com     

Copyright 2014 Georg Finder, all rights reserved. Posted with the express permission of the author.

Georg Finder, an Orange County, CA, Credit Damage Evaluator (CDE), is an expert on credit reporting violations and credit damage measurement. He has more than 15 years experience evaluating credit reports and appearing for both plaintiff and defense.  Mr. Finder has authored numerous articles, including his upcoming book, Divorce credit smarter, not credit out-smarted. He is a. MCLE provider on credit report issues and credit reputation damage compensation. Learn more about Georg Finder and his services at www.creditdamageexpert.com  

The creator and owner of this blog, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation. .

To view over 300 sample legal documents for California and Federal litigation created by Stan Burman visit View over 300 sample legal documents for sale


Follow Stan Burman on Twitter at: https://twitter.com/LegalDocsPro

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Credit damages can be recoverable as a special injury

The issue of credit damages and whether they are speculative is the topic of this blog post.  As will be shown in this blog post losses from credit damage are not speculative.  This blog post is a guest blog post written by Georg Finder and is one of a series of guest blog posts on credit damages.

Losses resulting from credit damage are in fact a measurable form of special injury that lawyers are capable of recovering for their clients in appropriate situations.  In the past, the argument has been made that credit damage losses were too speculative and should therefore not be recoverable as a special injury.   The fact is that for over one hundred years courts all over the United States have recognized that damage to credit is a cognizable injury for which victims can and should recover.  For one of many examples see the case of Bell v. May Dept Stores Co., 6 S.W. 3d 871, 876 (Mo. 1999).  It is extremely important that all lawyers recognize damaged credit as an important part of their client’s injury.

Speculative damages are generally defined as those that are contingent on a future event or those deemed highly improbable.  Any reasonable attorney will understand that they cannot recover speculative damages.   As a result, to recover for loss of credit reputation lawyers must prove that some credit damage actually occurred. It must be further shown that the loss can be quantified into an actual dollar amount with reasonable certainty.

 The good news is that tools and experts exist in the field of credit damage to clearly explain to the trier of fact such as a judge or jury whether any credit damage has actually occurred and how much loss was likely suffered.  A sophisticated credit damage analysis uses quantifiable measurements to show compensable damage for loss of credit reputation.  The effective presentation of a thorough investigation of an individual’s credit situation before and after their injury provides a strong argument for recovery for credit reputation damage making it an important tool in preparation for trial and settlement negotiations.  

When a lawyer’s client has suffered credit damage it may be helpful to get in touch with an economic damage expert to conduct the necessary measurement. The nation’s pioneer in this area is Georg Finder.     Mr. Finder is the author of numerous books and has developed an easy to use credit Damage Measurement Report to help lawyers identify when credit damage may be at issue.  In addition, he has developed the California State Bar’s first MCLE seminar on credit damage.  Mr. Finder is available for consulting and expert witness services for lawyers.  Consider contacting George Finder through his website: Credit damage expert website.

Copyright Georg Finder 2014, all rights reserved.  Posted with the express permission of the author.

Georg Finder, an Orange County, CA, Credit Damage Evaluator (CDE), is an expert on credit reporting violations and credit damage measurement. He has more than 15 years experience evaluating credit reports and appearing for both plaintiff and defense.  Mr. Finder has authored numerous articles, including his upcoming book, Divorce credit smarter, not credit out-smarted. He is an MCLE provider on credit report issues and credit reputation damage compensation. Learn more about Georg Finder and his services at Credit damage expert website  

The creator and owner of this blog, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

To view over 300 sample legal documents for California and Federal litigation created by Stan Burman visit View over 300 sample legal documents for sale



Follow Stan Burman on Twitter at: https://twitter.com/LegalDocsPro

You can view other sample legal document packages for sale by visiting: 
http://www.legaldocspro.com/downloads.aspx

Abuses by debt collection companies and damage to credit reputation

Abuses by by debt collection companies and damage to credit reputation are the topic of this blog post.  This blog post was written by Georg Finder, an Orange County, CA, Credit Damage Evaluator (CDE).

The issue of abuses by debt collection companies is a very important one.  The law recognizes that legitimate debts should be collected to ensure the efficient functioning of the economic system. The law also recognizes however that abuses by debt collectors are a reality.  And some of those abuses, whether negligent or malicious, can give rise to claims for damage to credit reputation.

Some debt collectors and collection agencies are just doing a difficult job as best as they can. Others however have little or no regard for any abuses that they may inflict/impose on a consumer while collecting on a debt. Still others have little or no regard for adhering to ethical practices, as defined by state or federal laws. 

Common debt collection abuses that could give rise to a claim for damage to credit reputation include but are not necessarily limited to:

-           Reporting of information known to be inaccurate such as an inflated balance due or where the debt has already been paid in full or otherwise satisfied.

-           Balance Collections – common in medical billing.  The medical treatment provider accepts what the insurance company has paid settled-in-full, and then turns what it considers the unpaid amount by the insurance company as a balance due.   Sometimes they do not even bill the patient, and when the unsent bill is not paid, send it over to the collection agency,

-           False or negligent reporting of late payments when no late payments were made.

-           The sale or other transfer of an alleged debt between various debt collectors that results in multiple derogatory items appearing on a credit report for a single account.

-           The intentional and fraudulent practice of “re-aging” a delinquent account that is more than seven years old so it can continue to be reported in credit reports.

-           The negligent reporting of a derogatory item that is more than seven years old on credit reports.

-           Intentional or negligent reporting of a debt that is in fact owed by another person or is the result of identity theft.

Serving a consumer with legal process at an address where they have never lived, or where they have moved from several years before the alleged service in order to obtain a default judgment that is void for lack of valid service.

The knowing or unknowing use of unethical process servers who fraudulently claim that a consumer has been served with legal process when in fact the consumer was never served in order to obtain a default judgment that is void for lack of valid service. 

The law generally provides that consumers are generally barred from bringing certain actions for defamation against consumer reporting agencies, credit report users and informants. An action may be maintained, however, as to false information furnished with malice or willful intent to injure the consumer.  See California Civil Code §§ 1785.31, 1785.32; see also 15 USC § 1681h(e).

Section 1681m of the Fair Credit Reporting Act regulates the use of consumer reports. It prohibits a creditor from selling, transferring for consideration or placing for collection a debt where a consumer reporting agency has notified the creditor that the debt has resulted from identity theft. 15 USC § 1681m(f).

Section 1681m of the Fair Credit Reporting Act also states that if a debt collector acting on behalf of a third party is notified that information relating to a debt to be collected may be fraudulent or the result of identity theft, the debt collector must (1) notify the third party that the information may be fraudulent or the result of identity theft; and (2) upon request by the consumer, provide the consumer with all information to which he or she would otherwise be entitled if the consumer were not a victim of identity theft but wished to dispute the debt. 15 USC § 1681m(g).

This blog post is an excerpt from the book, 5 Steps to Successfully Recover Credit Reputation  Damage. 

If you would like to receive more information on credit damage measurement click here: www.creditdamageexpert.com  

Copyright Georg Finder, all rights reserved. Posted with the express permission of the author.

Georg Finder, an Orange County, CA, Credit Damage Evaluator (CDE), is an expert on credit reporting violations and credit damage measurement. He has more than 15 years experience evaluating credit reports and appearing for both plaintiff and defense.  Mr. Finder has authored numerous articles, including his upcoming book, Divorce credit smarter, not credit out-smarted. He is an MCLE provider on credit report issues and credit reputation damage compensation. Learn more about Georg Finder and his services at www.creditdamageexpert.com  

The creator and owner of this blog, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.



Follow Stan Burman on Twitter at: https://twitter.com/LegalDocsPro

You can view other sample legal document packages for sale by visiting: 
http://www.legaldocspro.com/downloads.aspx