Most FCRA lawyers only want folks with near-perfect or perfect credit who have an identity theft account or someone else's account on their report (mixed/merged file). Sometimes this is based on the law where they practice but normally it is based on -- in my view -- not fully understanding how to argue damages correctly. Check with some other lawyers in your state -- Here is a link to help you find a consumer lawyer www.consumeradvocates.org/find-an-attorney in your state and also here is a video going over how to use the website kzfaq.info/get/bejne/i7SIgpqizcurcZc.html. Basically, you have 2 years to sue from the violation (a bit longer if you didn't know about the violation). It can get complicated and you'll want to sit down with a lawyer who does this work. I would check out my options to sue before filing bankruptcy as if you can kill the debt and get money, why file bankruptcy? Thanks! John

You are very welcome!

​@@johngwatts can the original creditor continually report payment activity on a closed account? would this not be a violation of fdcpa or fcra?

Correct. Some states have versions of the FDCPA that apply to original creditors such as Florida, CA, Texas, etc.

thanks!

Thanks! Definitely let me know when you get your discharge. I've been buried in a federal court case the past few days -- let me come up for air and we can schedule a call. Email me and we can find a good time ASAP for both of us. Thanks! John

Mark -- congrats on winning! Sounds like you did it perfectly -- win and then dispute through the credit reporting agencies. Equifax has kept it -- that is not surprising. I would sure be looking at suing Equifax and Portfolio Recovery. Objective is a deletion and money damages to you. If you want, shoot me your documents at john [at] wattsherring.com and I'll be glad to go over some options with you. Or you can contact me through my website -- www.alabamaconsumer.com/contact-us/ Thanks! John

Linda, It is possible but you need to look at it closely. It could be that we went over the limit, had a bunch of fees added by the creditor and when it went to the collector it was $1052. I would consider sending a letter to collector saying you dispute it and want a breakdown of how it got to 1052 with a credit limit of 500. You could also send same letter to the credit card company. On the "new collection" -- if the debt buyer is recently started reporting, it can pop up as a new collection. If you look at the date when the account will come off of your report, subtract 7 years and that will tell you when you defaulted (usually 6 months of non payment). See if that date is right. Occasionally we find "re-aging" (used to see it a bunch). This is where a collector knows the account will fall off report in 7 years and it is already 5 years into it. So the change the age -- re-age -- so that it looks like it is newer and will stay on longer. I would send a dispute letter requesting proof and asking any specific questions you have such as you raised here. Key to dispute letters (whether within 30 day validation time period or not) is to dispute in general and also put any specific concerns. Then request proof . Hope that helps and you get some answers ASAP! John

Victor: 1. I would pull full official reports from www.annualcreditreport.com/index.action -- ID IQ is decent but it is not our real reports. We really can't sue unless have the real reports. See if any of the credit reporting agencies are showing activity AFTER the paid in full in 2019. 2. Similar to above -- let's see what the payment history shows on the actual reports. 3. I'm assuming this is a debt collector NOT the original creditor? I would print/save to PDF. I'm happy to help you look through them when you have your full reports -- just reach out to www.alabamaconsumer.com/contact-us/ and I'll email you back thanks! John

Were you told verbally that the amount was settled? For example, you owed $800 and they told you they would settle for $500? So you paid the $500. If anyone comes after you for the balance, then you look at suing. So if you get letters, calls, credit reporting, etc. get with a consumer lawyer ASAP to see your rights. Best wishes! John PS -- most companies are not foolish enough to try to collect after a settlement so most likely you will have no problems. But if you do, you will have an interesting possibility of a lawsuit against whoever is trying to cheat you.

@@johngwatts - John, you are totally awesome! I wish there were more like you - especially in NC! Yes, that is the case. Last week, I was told when I paid it (unrecorded on my end, unfortunately) that the settlement was payment in full. I paid it using an account that is seldom used and not funded except on an as needed basis - in case they try to access more funds than authorized. I have not heard anything else thus far, but because I got the thinking about the "what if" factor, I thought to ask you about it. Since this was a collection, should I expect a 1099C(?) on the unpaid balance, even if I was not advised of it? (I guess I might need to be prepared.) Again, THANK YOU!!

Not only that, this negative account that is false and incorrect is in the -100,000 range and affecting everything I try to do. It says closed (2013) but continues to update and accrue

I'm not sure what has happened -- that's not the normal response. If you want to reach out to me I'm happy to take a look at what you sent and what response you received from the credit reporting agency. You can email me at john [at] wattsherring.com or call us at 205-879-2447 and ask for Randi -- tell her we connected on youtube. Best wishes John

Understand your frustration -- be glad to take a look at this.

Yes -- credit reporting and suing are two different things. BUT if you requested validation under Section 1692g of the FDCPA and they did not provide it, they can't collect (including suing). You do have to make the request within the 30 day window provided by 1692g.

Try one of these -- www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text or www.law.cornell.edu/uscode/text/15/1692. Same law -- the second one is the more common numbering system. Best wishes! John

Thank you

Can only sue someone for false credit reporting. A company can choose to NOT report and that's fine. And then they can change their mind and report. The question is always: Is this reporting (all the details) accurate or incorrect? If incorrect then dispute or if a collector you may can sue under FDCPA 1692e(8). Thanks for question! John