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Being a person who had bad credit myself, I can tell you that we aren't bad people. Life just sometimes throws us a curve ball or two that keeps us from meeting some of our financial obligations. Some credit bureaus and the credit scoring companies want you to believe it is impossible to remove accurate information from credit files. The key word here is "accurate", the reports are plagued with inaccuracies, this inaccuracies allows consumers to dispute and in more often than not have derogatory information removed from the credit files.
 
The process of clearing credit can be arduous and frustrating, but your efforts will be paid for in better financing. Your rights are protected by laws, but you need to learn these laws ("FDCPA and FCRA") in order to use them. Remember these companies spend million's of dollars advertising and enacting laws that make it difficult for us consumers to clean our credit files. But with some patience, perseverance and dedication, you too can clean your credit file. Here are the basic steps when cleaning a credit file;
  
1. Order hard copies of your credit reports from the three major credit sites.
 
"Equifax":http://wwww.equifax.com
 
"Experian":http://www.experian.com
 
"TransUnion":http://www.transunion.com
 
Hard copies are important, especially when you are beginning your repair, as they are the most accurate reports. 3-in-1 reports that you purchase on sites can give you a picture of what your file looks like but they can contain inaccuracies that are not on the real files.
 
In addition to the above reports, I would get a copy of myfico reports, so that you can have a baseline of your fico score and monitor your progress as you go on your repair journey.
 
"MyFico":http://www.myfico.com
 
2. Check for discrepancies on your credit files, things to look for;
 
A- High credit limit, is the high credit limit listed on the account accurate?
 
B- Balance, is the balance on the trade line accurate?
 
C- Date opened, is the date the account was opened correct?
 
D- Payment history, is the information reflected correct? If there are late payments listed on the account, where you late on the months listed or on difference months?
 
Basically look at anything on the trade line that is out of place and not accurate.
 
3. After going trough your credit report write down all the errors or discrepancies that you found on your Credit file.

 
4. Now send a dispute letter to the credit bureaus, they will have their address listed on the credit report. It is important that you send this dispute via certified mail, return receipt requested. This way you have a record of when the letter was sent and when the credit bureau received it. This information will come in handy later if the credit bureau tries to play the old "I never received a dispute card". It also helps you establish a time line, from the time they receive the dispute they have 30 days to either confirm the information or correct the information. The way they do this is as follows;
 
Once the credit bureau receives the dispute, they must contact the creditor in question with the disputed information the creditor has 30 days to answer the dispute. If they fail to do so, then the Credit Bureau must remove the information as they where unable to confirm it and it will be deemed inaccurate. Remember they are not supposed to have inaccurate information on their files.
 
Please write your own letter but here is an example;
 
Dear Repository:
 
This letter is a formal complaint that you appear to be reporting inaccurate and incomplete credit information.
 
The information referenced below needs to be investigated. If indeed the information you are reporting is found to be in error or you do not receive a timely answer from the data furnisher the item must be deleted from the report as soon as possible:
 
The account(s) which are in question are as follows:
 
*Account name* *Account Number* *Reason*
 
The listed items are completely inaccurate and incomplete, and is a very serious error in reporting. Please cure or delete this misleading information.
 
Under federal law, you have thirty (30) days to complete your investigation.
 
 
Sincerely,

 
5. After the 30 days have passed, look at your files. Did the credit bureau correct the inaccurate information? Did they delete the trade line, was the trade line updated in any way shape or form. If the answer is no to the above questions. Follow up by sending another certified letter, this time request that they remove the inaccurate information since they did not receive a response from the original creditor. Attach a copy of the first dispute letter and attach a copy of the certified return receipt.
 
6. If the credit bureau fails to remedy or remove the inaccurate information, then you have the necessary paper trail to pursue legal action against them. This however will not be covered in this article.
 
Please keep in mind that each case is different, there are several things to consider prior to attempting to correct your credit file. Are the accounts being disputed out of the statue of limitations? Each State has a different statue of limitations, that allows a creditor to sue the consumer in the court of law for notes or monies owed to them. Lets say that the statue of limitations is 4 year on your state and you allegedly owe $3000 on a credit card; you stopped paying that credit card 3 years ago and the credit card company never took you to court or sued you for the money. The last thing you might want to do is wake up the sleeping giant. So please keep in mind that there are dangers to cleaning your file prior to expiration of the statue of limitation.
 
Note that statue of limitation and reporting limitation for credit bureaus are two different things, credit bureaus must delete negative information after 7 years of inactivity, bankruptcies can remain up to 10 years. Good luck on your journey.
 


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Disclaimer: *Legal Disclaimer*

"Debt Fighting Network":http://debtfightingnetwork.blogspot.com, is not a debt collection company or a credit repair organization.

"Debt Fighting Network":http://debtfightingnetwork.blogspot.com is a self-help site that offers free information to help consumers become educated about their debt and credit rights. All information contained herein is designed specifically for consumers who through their own efforts wish to better understand the debt collection process and how to properly dispute debts and credit issues.

Legal information is NOT the same as legal advice.

*CAUTION:* The use of any information contained herein, is at the user's own risk. You are strongly encouraged to consult with legal and financial professionals prior to making any decision that could have legal or financial consequences to you.

Access to this web site and all information contained herein is free, the information provided on this site should not be used as a substitute for professional counseling and advice from certified legal or financial professionals.

While we have made every attempt to ensure the information contained in this web site is accurate and from reliable sources, we are not responsible for any errors or omissions, or for the results obtained from the use of this information.


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What is the best weapon to beat an old credit card debt? The answer is time or said in legal terms, the Statute of Limitations.

The Statute of Limitations is a deadline you have to sue someone. The Statute of Limitations is different for every type of lawsuit and varies from state to state. For example, in the state of New Jersey the Statute of Limitations for an open account or contract is six years. That means that a company has six years to file a lawsuit against you from the day you default on your agreement(the day you account became delinquent). One day beyond that six years, and their lawsuit is barred by the Statute of Limitations.

So the questions are; what Statute of Limitations applies and When did default occur? The most applicable Statute of Limitations will likely either be one for contract (may be for breach of contract) or for open account. An open account is essentially a line of revolving credit. You can find your state's appropriate Statute of Limitation from a link on the right side of this blog entitled "Debt Law (All 50 States)". Once you know how long the right Statute of Limitations is for your state, then you need to determine when default occurred.

If you are being sued for an old credit card debt that has been sold several times, then it is likely that the current owner has no idea or more importantly, no proof, of when you defaulted. You should argue that your default occured the day your first payment was due that you did not pay. Hopefully, you have some written evidence of that; a past due bill, a collection letter, etc. If you do not, then file an affidavit alleging the date and then the burden will shift to the debt purchaser to prove that the suit was not brought in violation of the Statute of Limitations.


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1. The first thing to do is to take it SERIOUSLY. Don't treat it like one of the usual calls or letters you get from collection agencies regarding a past credit card bill, etc. It's very important that you give this your immediate attention. The consequences of a lawsuit can be devastating. Since a lawyer is now involved there may be deadlines that have been set into place that you may not even be aware of.

You may have to file a written answer within a certain period of time or you may have a limited amount of time to file any counter-claims. The first rule of being sued is to treat it with urgency and importance. If you don’t, you will most likely have to live with the consequences and regret it for a very long time. This is a mistake that I, myself, have made in the past and it was a long battle for me to correct that mistake.

2. The second thing you need to do is make a decision. Basically is this your debt or not? If it is your debt, then you should really consider paying it, coming up with some form of agreement or trying to fight them in court on the basis that they may not even have the appropriate evidence to prove the debt is yours. If it's not your debt, then a very different course of action is necessary.

If you recognize the debt as legitimately being yours and the amount of debt to be correct, then I would suggest trying to pay it. If you can pay it in full, then the faster the better. If you have any doubts to the amount of debt, statute of limitations, etc, and you have the time to do fight, then you need to start doing research here and now. We are always available to assist you. If the debt is legit and you can't pay it in full, then you should call the attorney who is suing you to try and come up with payments options. When you talk to them:

Be polite at all costs. Don’t create personal animosity between you and the attorney. It’s just business for the attorney. Don’t change that.

Explain your situation. Tell the lawyer exactly why you can’t pay the debt in full. Tell him about your employment situation, your assets, your obligations, the more information the better.

Document your situation. If there are any documents which back up your reason for not being able to pay in full immediately, offer to fax them to the attorney(unemployment documents, etc).

NOTE: Do not offer up any information or documents reguarding the debt itself! You do not want to help them prove their case against you.

Talk in terms of solutions. Don’t just say, "I can’t pay." Offer the attorney a method for satisfying the debt. An example would be a very low payment made on a weekly basis instead of a monthly basis (to demonstrate your commitment) coupled with a time line for increased payments as your situation improves. Offer to put the plan in writing. Of course, only offer what you can do and what you intend to actually follow through with. Do not send in any payment until the lawyer has returned a signed copy of your offer. You need to keep that on file for your records. Also do not give out any bank account information or credit card information! I would suggest sending in a money order every week and keeping the receipts. This will ensure your banking information will be kept private (routing numbers, etc.).

Give the attorney something to take back to his client. An attorney has a boss–his client. If he goes back to his client empty handed, he looks bad. Give him something he can show the client to prove that he is doing his job. The documentation of your situation, a signed payment plan, etc. are examples of items which allow an attorney to demonstrate to his client that progress is being made.

Stay in communication. If you can’t make a payment on a payment plan, call the lawyer. Don’t just let the date for payment come and go. Periodically ask the lawyer to verify your balance in writing. Update the lawyer on good and bad changes in your circumstances. This type of communication protects both you and the lawyer.

If Debt Is Not Yours:
Fight the lawsuit. If you can afford it, hire an attorney. And don’t make the decision that you can’t afford an attorney until you have at the very least talked to some attorneys. Get some recommendation for an attorney, don’t just pick a name out of the phone book. Talk to your friends who have used attorneys, get attorneys you know or call to make recommendations or search the internet.

If you truly can’t afford an attorney, you can represent yourself (Pro Se). You have to do alot of research in this area. I, myself, couldn't afford an attorney and I had a lot of sleepless nights trying to read up on rules of the court in my state, reading over the lawsuit for discrepencies, etc. If you do represent yourself;

Know where you stand. You will be operating in a completely foreign environment on the home court of your opponent. The attorney suing has spent years being educated in the law and has years of practical on the job experience. Research, research, research.

FDCPA is not a golden shield. Many consumers mistakenly believe the Federal Fair Debt Collection Practices Act is a golden shield that will protect them. The FDCPA has it’s role and place and if the debt collection lawyer is acting outside the law, it is applicable. However, if you are facing a legitimate and ethically debt collection lawyer, the FDCPA is virtually useless as a defense and totally useless as a weapon.

Get help. Get help from wherever you can. There are tons of message boards out there dedicated to helping others in these situations. At the very least, search the internet and educate yourself. If you need our help, just contact us and we will try to help as much as we can.

Know dates. Dates and deadlines are crucial in a lawsuit. Once a deadline passes, it is past. A judge will not take pity on you or be more lenient because you are representing yourself. If you aren’t sure about a deadline or a date, ASK.

Learn the rules. Courts operate on the basis of rules, particularly Rules of Civil Procedure (how things are done) and Rules of Evidence (what a judge can see and hear). Get a copy of the rules that apply in the court that you have been sued in and learn them. If you don’t understand them, get help.

We ultimately want you to understand that being sued is serious and stressful, but is not the end of the world. If you chose to ignore the lawsuit, it will cause you credit and possibly financial problems later down the road.


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Sometimes the simplest tools can be the most useful. This is a link to a free post-judgment interest calculator: http://www.nationaljudgment.net/intcalc.htm . While designed as a post-judgment interest calculator, it can be utilized to calculate the interest on any debt by merely inserting the date the debt was incurred and the interest rate applicable and hitting the calculate button.


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Here is a sample letter informing a credit reporting agency that you have filed suit against them.



June 13, 2007

Equifax
1550 Peachtree Street
Atlanta, GA 30309

To Whom It May Concern:

Enclosed is a copy of the lawsuit that I filed against you in (my county) court on March 22, 2001. Currently the Pretrail Conference is scheduled for April 10th, 2001 at 9:30 A.M. in courtroom #33. The case number is (insert case #).

The reason the lawsuit was filed was due to a completely inadequate response from your company. When someone is the victim of identity theft, it is simply a nightmare trying to get false information removed from a credit file. I have contacted all of the false creditors listed on my credit file. I have challenged all of the false listings on my credit file. Nothing ever happens to fix the situation.

Over 90 days ago I wrote each the creditors in question and demanded proof that I am their customer. I asked for proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. So far none of them has been able to provide such proof to me. I have sent follow-up letters to each of them and there is still no proof. I have attempted phone contact, but I simply get transferred around and nothing ever gets accomplished.

I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. I have copies of the certified letters and dates prepared to bring to court on April 10th. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they cannot be supported by any evidence.

Under the Fair Credit Reporting Act, if they cannot verify the debt within 30 days, then it must be removed. Your letters to me claim to have ‘verified’ the debt, but this is in fact not true under law. Simply contacting the alleged creditor and asking them to match up numbers in their database is no sufficient verification for identity theft. Of course the information matches up. Someone clearly used my information without my authorization.

Now I am suing Equifax for being such a pain in the posterior to me. I have provided more than sufficient evidence to get these false accounts removed.

You may contact me before April 10th at (my phone number) or at my address listed at the top of this letter. This matter can be settled simply by your agreement to remove the false information from my credit file.

I require a response, on point, in writing, hand signed, and in a timely manner. If I get another pointless letter from you saying that it has already been ‘verified’ then there will be no more opportunity for negotiation. This will proceed in court until I have successfully proven to a judge that this false information must be removed from my credit file. I will also be aggressively pursuing the full judgment that I can get against Equifax for violation of the Fair Credit Reporting Act and Defamation.

I have already won a similar lawsuit against Trans Union. Enclosed is a copy of that settlement. I will agree to a similar settlement with Equifax if you contact me before April 10th. If you accept the same terns as Trans Union did, then I will dismiss my lawsuit against Equifax and you will not need to appear in (my county and state).

The items to be removed from my credit report are listed as follows:

(listed 6 accounts and account numbers)

I look forward to your response.

Sincerely,

(my name)

If you would like to download a copy of this file as well as other helpful sample letters and information click here.

This letter is part of our information on Debt Validation. We have other sample letters to handle a variety of credit situations



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Assuming you have contacted the collection agency using our debt validation methods, and they have failed to send you adequate proof of your legal obligation to pay a debt, this is the letter you need to write to the credit bureaus.

Company
Address 1
Address 2
City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madam:

I am continually being called on the telephone by your firm over an alleged $9000 debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA), and I am requesting validation of this debt. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. I request that you stop contacting us on the telephone and restrict your contact with us to writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

  • Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
  • Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
  • Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
  • Intimate knowledge of the creation of the debt by you, the collection agency.

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

Sincerely,

Signature
Your Name
Your Address
City, State Zip

enclosures

If you would like to download a copy of this file as well as other helpful sample letters and information click here.

This letter is part of our information on Debt Validation. We have other sample letters to handle a variety of credit situations.




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