As per state and federal laws; 'Collectors cannot pursue a debt once you've proven that it's not yours. So if you don't owe it, you need to act. Ask your bank or creditors to give you written proof, then send a copy of that proof to the collection agency.'
I received a bill from an attorneys office regarding a bill I did not think that was mine. I sent a certified return receipt request for validation but never received a response. So I sent a 2nd certified return receipt - request for validation and again never received a response. The attorneys office filed a civil suit and took me to court. I explained this to the judge and gave proof. The proof I submitted into the court file were copies of request of validation, the USPS certified letter statement's and request verification receipt statement's. This was all ignored by the judge because I was pro se and did not know Washington state law. I had made the request prior to this case being filed. Later it was explained to me by an attorney that the local county civil courts do not enforce federal laws, only state laws and in state court a request for validation is not recognized.
Please note: I also requested proof of licensing which I did not receive because the plaintiff was and currently is not a licensed in Washington state as a debt collection agency - they are attorneys.
The plaintiff won their case and I owed a debt that was not mine.
I ask you, where is the fairness in this?
What needs to occur is the laws need to be made clear for both the lay person and the judicial system.
As a consumer who has had Identity Fraud, Telecommunications Debt Error, Mortgage Reporting Errors, I know a lot about this subject, the time it takes to remove and lies the corporations tell to credit bureaus. Simply allowing the credit bureaus to accept "name, social security and address" as the only "verification and validation" is incorrect. With Identity Fraud, it is easy to have anyone's personal information. If a mortgage company is reporting a "foreclosure" and cannot produce the Lawsuit, Case Number, and Sale of the property, they should not be allowed to report a foreclosure. A foreclosure is a legal process which begins with a lawsuit and ends with the sale of property or a voluntary dismissal. If a voluntary dismissal is signed by a Judge, the foreclosure should not be listed. Also, Loan Modification reporting should not include refinancing of loans which are only for the purposes of reducing an interest rate.
Credit Bureaus should be forced to have the actual documents in their possession before they can report ANY information. Otherwise, they too should be responsible for misinformation and lies. This should be a monetary compensation of more than $10,000 per incident.
JOULES
1As per state and federal laws; 'Collectors cannot pursue a debt once you've proven that it's not yours. So if you don't owe it, you need to act. Ask your bank or creditors to give you written proof, then send a copy of that proof to the collection agency.' I received a bill from an attorneys office regarding a bill I did not think that was mine. I sent a certified return receipt request for validation but never received a response. So I sent a 2nd certified return receipt - request for validation and again never received a response. The attorneys office filed a civil suit and took me to court. I explained this to the judge and gave proof. The proof I submitted into the court file were copies of request of validation, the USPS certified letter statement's and request verification receipt statement's. This was all ignored by the judge because I was pro se and did not know Washington state law. I had made the request prior to this case being filed. Later it was explained to me by an attorney that the local county civil courts do not enforce federal laws, only state laws and in state court a request for validation is not recognized. Please note: I also requested proof of licensing which I did not receive because the plaintiff was and currently is not a licensed in Washington state as a debt collection agency - they are attorneys. The plaintiff won their case and I owed a debt that was not mine. I ask you, where is the fairness in this? What needs to occur is the laws need to be made clear for both the lay person and the judicial system.
View this comment in the discussion thread
JCSimpson
2
As a consumer who has had Identity Fraud, Telecommunications Debt Error, Mortgage Reporting Errors, I know a lot about this subject, the time it takes to remove and lies the corporations tell to credit bureaus. Simply allowing the credit bureaus to accept "name, social security and address" as the only "verification and validation" is incorrect. With Identity Fraud, it is easy to have anyone's personal information. If a mortgage company is reporting a "foreclosure" and cannot produce the Lawsuit, Case Number, and Sale of the property, they should not be allowed to report a foreclosure. A foreclosure is a legal process which begins with a lawsuit and ends with the sale of property or a voluntary dismissal. If a voluntary dismissal is signed by a Judge, the foreclosure should not be listed. Also, Loan Modification reporting should not include refinancing of loans which are only for the purposes of reducing an interest rate. Credit Bureaus should be forced to have the actual documents in their possession before they can report ANY information. Otherwise, they too should be responsible for misinformation and lies. This should be a monetary compensation of more than $10,000 per incident.
View this comment in the discussion thread