If a collection agency didn't inform me that I owed them money and I had to find out through my credit report, can I sue them?

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On December 28th, 2010, I received my credit report showing my credit score had dropped from 750 to 636. I looked and saw that I had a bill sent to collections. I was never made aware that I owed this bill (this bill was from a company that has been out of business for over six months). I was also never made aware that I owed my money to the collection agency until I opened my credit report. I got in contact with the collection agency and asked why they never contacted me and their response was since I contacted them first, there was no reason for them to contact me. After doing some research I believe that my rights have been harmed under the FDCPA. Shouldn't they have written me or something?

Attorney Answers

3
Dorothy Bunce ·
Courts in the US are always open, so the answer to can I sue is yes, you can always sue. The better question is can you recover, and the answer is probably not, Why? Your credit report isn't a legal document. You have the right to dispute incorrect information on it, but your right to obtain money damages because you weren't informed that incorrect information was going on it isn't available. A creditor isn't obligated to inform you that they are sending an account to collection & the collector isn't obligated to hunt you down to inform you either. My suggestion would be to monitor your credit more carefully and research the process for improving your credit scores. As someone familiar with the court system, legal disputes should address problems that cannot be solved in any other way. Hope this perspective helps & good luck.
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Ian Richard LeavengoodBankruptcy AttorneySaint Petersburg, FL ·
You may challenge the reporting error under the Fair Credit Reporting Act and dispute the validity of the debt under the Fair Debt Collection Practices Act. If they do not validate the debt and try to collect from you, you could sue them for violations of the FDCPA. I would send both challenges certified mail and wait to see how they respond. If it is an illigitimate debt, they are put on notice, and dont correct it and/orkeep trying to collect it, you may have rights. www.ConsumerRightsGroup.com NOTE: This answer does not attempt to establish an attorney client relationship nor is it to be construed as an attempt to practice law in IN.
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Theodore Araujo ·
When deciding if you should sue someone there are two essential requirements. First, did the person who you think violated your rights have a duty to refrain from the activity that you think would form the basis of a suit or did they have a legal duty to do something and they did not do it. It is very difficult to determine the answer to that question based on the facts you list because it will depend on State law and possibly administrative law in your State and under Federal Law. The second essential is where there compensable damages? Damages for which a Court can award you monetary awards or injunctive relief (order the other person to do something or stop doing something). If you have both of these elements you may sue. However, lawsuits take a high degree of expertise and cost money. Many clients have come to me through the years and stated that the money did not matter to them, just the principal of the issue! When I tell them how much I and other lawyers charge by the hour it becomes obvious to them that the value of the lawsuit damages is very important. You can seek out your lawyer referral service to seek counsel. There are agencies of the State and Federal Government you may want to contact. Talk to a lawyer before you decide to sue someone for expert legal advice! REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable. Good Luck! Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
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