Credit Report advice requested

[Debau2005]

I'll start at the beginning...I was in a fender bender in July 2006. The police gave no tickets and stated it was mutual fault, we backed into each other in a gas parking lot. The other driver, was very angry, and told me to write him a check. The police man told me to not write any checks and to leave after he finished his report, so that he could watch us leave, my parents were with me.

My insurance refused to pay him. He claimed $1100 in damages, mine were $200 on my bumper. He called me several times threatening me, and then had his insurance company call me. I referred them to my insurance company as I had been told. He sued my insurance company.

January 2007 we went to small claims court, and he lost. He could not prove his damages, he had traded the car in without getting a written estimate of damages. After court he threatened my insurance attorney and myself with continued court proceedings. He had 30 days to file an appeal. He didn't file on time, he waited 41 days! My attorney filed a motion to dismiss his appeal. About a week or so after he got that motion, I got a letter that I had been turned over to a collection agency for this "debt." My attorney sent everyone involved a letter telling them to cease collection or face legal action.

His appeal was thrown out when we went for our second court hearing in August 2007. He again threatened with more action. My attorney told him we would file a counter claim, if he pursued the matter.

Last week, I applied for a loan, and found that this "debt" is on my credit as unpaid! I have filed an investigation request with the credit bureau. I also called the collection agency that reported it. The collection agency told me I had to call the guy who reported me. I don't want to deal with him directly.

Can I get an attorney and sue him? or take any legal action? If so, what kind of attorney do I need?

[LynneSin]

1. What a fucking dumbass

He probably got one of those ambulance chasers who swore they'd make him a quick buck.

He doesn't know when to give up, does he?

As for what you can do - I think you can file a letter against your credit bureau stating this is basically the mistake of some dumbass.

[Debau2005]

7. He never got an attorney

he represented himself in small claims court.

He used his real estate company to file the collections claim.

[sinkingfeeling]

2. Send the credit bureau the written dismissal of his claim by the court. That should do it.

[flvegan]

3. This is the correct answer.

Some collection agencies will take any proposed debt and go after it.

In these cases, if you send a "dispute" letter within 10 days of receiving their first claim of a debt, they have to dump it or prove up their claim. At least that's how it used to be.

[Debau2005]

8. The collection agency told me to contact the guy

or rather the business he owns that filed against me. I got all the paperwork together this afternoon. I am headed to the post office tomorrow to send it certified, return receipt to the collection agency, credit bureau, and the bank I wanted the loan from.

I don't think I'll send it to the original guy yet. I don't know if I want to let him know that I have found out that he has managed to ding my credit.

My attorney did send a letter to the collection agency when we got the first notice of collection, and I never heard from them again.

The bad news is I have to work this out, the good news is I found out about it before my fiance and I decided to buy a house together!

[Shakespeare]

4. Beat me to it.

Also, find out if he was able to record (through the county recorder, not the courthouse) some sort of bogus judgment or lien. If he did, that needs to be fixed ASAP, because it won't just ding your credit, but can keep you from ever being able to get a mortgage, etc. He's also committed fraud if he's done the latter, and should be prosecuted.

Contact all 3 credit agencies and find out specifically what was filed against you by this jerk, then you'll know where to look/how to proceed from there. Good luck!!

[lizerdbits]

5. What an ass!

I don't have any advice I just wanted to say "What an ass!"

[philosophie_en_rose]

6. you should contact your attorney

you might have a claim, especially against the collection agency.

[ET Awful]

9. Post this over at this forum:

creditboards.com

It's a very good forum for credit issues. They can definitely help you out.

By law, if you request it in writing, the collection agency has to provide you with validation of the debt. If they do not, they are bound by law to remove teh reporting. If they continue, they are subject to penalties of $1,000 per violation (payable to you).

[Debau2005]

11. Thanks

I'll add that to my letter to them.

[ET Awful]

14. What you want to do specifically is ask for a validation of the debt pursuant to the

FCRA (Fair Credit Reporting Act).

[Debau2005]

15. Thanks

I am writing the letter now, and it will go in the mail first thing tomorrow.

[Lil Missy]

10. I'd sue the asshole for harassment and fraud. n/t

[Debau2005]

12. I am truly thinking about it! nt

[Lil Missy]

13. Good for you. He has no leg to stand on and is being an obnoxious ass. n/t