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I disputed a collection within 30 days can they still post to credit report?
Anonymous3 views3 answers
I received a collection notice from FCO regarding a balance due to my previous landlord. I requested validation, not to be confused with verification and proof of FCO's ability to collect debts within the state of MD. I stated that my request didn't mean refusal to pay, but wanted to review documentation before committing to payment. They responded stating that they were providing the "verification" documents that I requested, which was simply a 1 page cost statement.
I responded to their verification, again asking for proof of a valid debt which should have included detailed documentation to support the claim of this debt along with proof of their ability to collect it from me. They didn't respond. Today, I checked my credit reports, as I am trying to correct errors on my report and discovered the collection account from FCO on both of my Experian and Equifax reports. Is there anything that I can do about this considering that I originally disputed this debt within 30 days?
FDCPA is one major law applicable to your case. I believe that they can report the account on your credit report. But you should consult with an attorney in your local area as application of FDCPA law varies and has been interpreted vastly differently around the United States. If you have a great case, an attorney will be glad to help you.
When you request verification of a debt from a debt collector, all the debt collector is required to do is confirm the debt is valid, and respond to you that they have so confirmed. There is very little detail in the federal statute explaining exactly what verification means. Presumably, they contacted the original creditor and confirmed the last balance due on the account. As for the credit reports, if you dispute the debts to them, all they do is confirm from the creditor who reported it that they are still claiming the debt to be valid and due. If you have proof that you paid this debt (or otherwise do not owe it), then you would have to present this proof to the reporting agencies, and then if deemed sufficient, they would remove the bad debt from your credit report (at least until the creditor provides counter-proof that it is valid). If you do not want to be harassed by the debt collector anymore (and do not intend to work out a payment plan or settlement), then send a certified letter to the debt collector requesting that they cease and desist contacting you by any means, phone or in writing (and provide all the phone numbers they have been calling to date). By law, they must cease immediately, and any violation entitles you to up to $1,000.00 per occurrence, plus if you use an attorney, all your attorney's fees. You need to keep a record of the post-cease and desist letter calls, however, and any proof or evidence, to assist you in making such a claim.
Timothy Joseph MummertBusiness AttorneyGlen Burnie, MD ·
This is a confusing area of the law. While the creditor is required to provide verification of the debt, until you either provide credit proof that you do not owe the debt or provide information to the credit bureau, the creditor can put notice of the debt on your credit report.
In light that they provided limited verification, I recommend consult with an attorney to discuss your options.
