I have just filed Intent to Defend and Discovery for my husband being sued by a debt collecting agency for a credit card account he didn't even open. I researched on the debt collector and found out that there have been complaints againts them regarding failure to provide proof. Interesting thing I found out is that the bank from whom they claim to have purchased the debt do not even exist anymore - it has been purchased by another bank way even before my husband is old enough to get a credit card. Added to that, he wasn't even living in the US then. I have read lots of negative feedback about the company and seems to me they get away with their tactics and threats. I am confident the case will be dismissed in our favor - either they don't show up nor be able to produce valid proof.

However, can we make them pay for the damages and hassle caused by their bogus claims? If yes, how do we go about it? Can it be filed in our court though the debt collector is in another state?

Thanks!

However, can we make them pay for the damages and hassle caused by their bogus claims? If yes, how do we go about it? Can it be filed in our court though the debt collector is in another state?

I would contact the National Association of Consumer Advocates (National Association of Consumer Advocates – Consumer Protection Advocates and Attorneys (http://www.naca.net)) and ask them that question.

I BELIEVE that you can sue if they are reporting incorrect information to the credit bureaus and receive $1,000 per item per bureau from the bureaus. In other words, the credit bureaus do not want them submitting incorrect info.

Since you are filing the motions, I don't know if you should ask for a separate Validation of Debt (ask NACA), but if they cannot validate it, it has to come off the credit reports and could hurt them in court.

Let us know what happens. I like to see the collection agencies that use illegal and/or underhanded tactics get spanked.

LG

Thank you LG. I have noted your inputs. So far the collection agency/lawyers hasn't replied. I will update you on what happens.

Cheers!

Chatuchac

Hi Everybody,

First, I would like to thank everybody who posted very helpful information - letter samples, advice...
Last week, we got our hearing schedule from the court. The today, the collection agency sent us notice of voluntary dismissal of all claims without prejudice. We are going to the courthouse tomorrow to have this received and validated, just to be sure that the document is legitimate. To date, collection agency did not admit to lack of evidence on why they decided to dismiss their claims. Will post here future developments. Thank you everybody.