The Poor Man's Guide to Suing
Credit Bureaus and Collection Agencies - An Incredible Value at $21.95
Case Law Reference
Don't know which case to cite when trying to prove your point? This list was provided by a readers on our discussion boards, along with our own through research. Many of these rulings have been used to file a civil complaint against some creditors and the CRAs:
Other Case Law Info
The following two links list extensive court case rulings regarding credit issues.
Discussion Board Resources - Case Law FDCPA
Discussion Board Resources - Case Law FCRA
Specific Case Law
What if someone purchases the debt from the original creditor? Yep, they fall under the FDCPA. http://www.ftc.gov/os/statutes/fdcpa/letters/arbuckle.htm
An FDCPA claim “has nothing to do with whether the underlying debt is valid. An FDCPA claim concerns the method of collecting the debt. Spears v. Brennan
Is the reporting period extended if
(A) the original creditor sells or transfers the account to another creditor,
(B) the consumer responds to post-chargeoff collection efforts by making a payment on the debt, or (C) the consumer disputes the account with a CRA? Does it matter whether the 7-year period has expired when any of these events occurs?
No. FTC Staff Opinion: Brinckerhoff-Amason
You can sue the creditor who reports inaccurately. Nelson v. Chase Manhattan. Also, this is now part of the newly revised FCRA.
Reporting on your credit report is considered collection activity: Boatley vs. Diem Corporation
Richardson vs. Fleet, Equifax, Experian, TransUnion and Portfolio Recovery Associates
Repossession Law: http://www.law.cornell.edu/ucc/9/overview.html and whether your state has implemented it: http://www.law.cornell.edu/ucc/9/overview.html.
Other Case Law
Discussion Board Resources - Case Law
Court procedure in your state: http://www.searchlaw.com/courtrules/other.htm
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