Erroneous Billing - Part 2

Once you're billed improperly, the clock is ticking, Johnny Apollo you'll face collection action Dollfie you don't do something right away. This erroneous debt will end up on your credit report Major Matt Mason hurt your credit, which is why filing suit immediately after you've attempted to have the matter resolved amicably (give your negotiations three days) is a good thing-regardless Creature from the Black Lagoon model the dollar amount.

If a collection agency has purchased the debt, it won't cease its collection efforts (while it may be required to cease communication, it can still attempt to collect by lawsuit) until you either pay or file bankruptcy. The agency will jack up your report and ignore your pleas to stop what it's doing. You can always file for a declaratory judgment at this stage, but you might be better served by retaining a lawyer and filing a civil suit seeking punitive damages. A good FCRA/FDCPA attorney will list both the collection agency and the original creditor as defendants in the action. In the end, they'll get theirs-just make sure that you keep copies of all your credit reports and all correspondence as evidence. If your case is sound, many attorneys will take it on a contingency fee basis (i.e., they get paid if and when you win the lawsuit).

When you win a judgment, send a copy to the bureaus and demand that they stop reporting the account (not report it as paid, but remove it from your file altogether-be explicit in your demand). Also, if you decide to sue, ask the judge to order the defendant(s) to stop reporting the adverse entry as Munsters model of your request for relief. With standard civil suits (not declaratory), if you get a monetary award, then you can turn the tables and make the judgment-debtor squirm as you damage its credit with a judgment, especially if the judgment-debtor is an individual! Justice is best served up with the cold taste of irony.

Sometimes when you file suit, a creditor will still refer the matter over to a collection agency. In this case, just send the agency a letter demanding that it cease its collection action; then you dispute the debt and attach a copy of the complaint (lawsuit) against the creditor. Inform the collection agency that it will be next if it doesn't comply. This is usually enough, but be prepared to sue the agency if it doesn't heed your warning.

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