My parents, many years ago, had a gangster as a neighbor. He made no attempt to hide his checkered past. Indeed, he once told them “I ain’t hurt no one that didn’t deserve it.” That quote still resonates with me today. Indeed, we haven’t sued anyone that didn’t deserve it. Here are the trends that we saw in the lawsuits we filed in March 2018:
Creditors failing to report their trade lines as included or discharged in bankruptcy
Several of the lawsuits we filed this month were against creditors who did not report their trade lines as either included in bankruptcy or discharged in bankruptcy. This is big problem. When a creditor looks at someone’s credit report, its bad enough that they see that the consumer has filed for bankruptcy. One thing that creditors want to know is whether a particular debt was included in the bankruptcy. They want to know that when the consumer gets a bankruptcy discharge, that the debt is gone too. If you think about new potential creditors, they want to know that they are not competing with other creditors for the consumer’s money, if the consumer defaults. By failing to report a debt as included in bankruptcy, the creditor hurts the consumer.
We have filed such lawsuits against Equifax, Trans Union, Ally, Capital One and Verizon for failing to report debts as included in bankruptcy, after we have informed them that these creditors’ debts should be reported as such.
EquityExperts.org remains a favorite target of ours
As far as we know, they are the only collection agency for homeowner’s association that assess their own fees and costs to homeowners with or without the homeowners’ association approval. We filed a multitude of lawsuits against them over the years and they have settled several of these cases. Under the law, a debt collector cannot collect anything that is not provided for by contract or by law. In this case, EquityExperts.org charges fees and costs that are not assessed by the homeowners’ association that it collects for nor are their fees and costs allowed for by law.
They have shown no sign of stopping these illegal practices or slowing down. Hence, we continue to file lawsuits against them. This month, we filed four more lawsuits against EquityExperts.org.
Debt Collectors that fail to flag a debt as disputed
Whenever a consumer tells a debt collector that he disputes the debt, the debt collector is required to flag that debt on the consumer’s credit report as “Disputed.” If the debt collector fails to report a disputed debt as disputed, the debt collector violates the Fair Debt Collection Practices Act. Its illegal under the FDCPA to report incorrect information to a credit bureau.
Here is a secret…..many debt collectors either fail or refuse to flag a debt as Disputed on a credit report after the consumers disputes or we dispute it for the consumer. We then sue the debt collector to pay damages to our client, plus our fees and costs. Frequently, we can get the debt collector to remove the collection item from the credit report.
These are the trends in consumer rights violations that we saw in March 2018. If you have issues on your credit report, call or email me, Attorney Gary Nitzkin at email@example.com or call me at (248) 353-2882 for a free, no obligation, consultation. We are happy to review your credit reports for free to see if we can clean it up and raise your score.