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Great article on disputing old debt on your credit report in regard to the SOL and more. Also there is a link to referrals to consumer law attorneys at the National Assn. of Consumer Advocates, http://touch.latimes.com/#section/5/article/p2p-74167070/
Dear Legal Brains, I am trusting that with your vast legal knowledge, I will be able to get some solid and actionable advice on a case that I previously thought was dead. I'll do my best to keep it short and sweet. First, let me state that I live in Tennessee, so that you know what state laws I am working under. Last November, I was taken to court for a credit card debt from Chase. I entered my sworn denial, requested the necessary items of discovery and refused to be one of the people who simply bent over and offered to pay the debt. I showed up for court (the third scheduled date we had due to them not having the paperwork I requested) and discovered that good old Comprehensive Legal Solutions had decided to hire a local lawyer to represent them in my case. This arrogant lawyer asked me if I "didn't just want to go ahead and agree to a payment plan" for the debt and, when I said NO, he told me that we would be going to trial that day. I told him that was fine by me. He then said that we had to wait an hour or so because he "had a reliable witness coming in from North Carolina who worked with Chase and knew the case intimately." Again, I told him I'd be happy to wait for this distinguished guest of his so that we could go see the judge. Once the idiot witness showed up, we went before the judge and, as I suspected, they had nothing. There was no chain of purchase, they had no original signed contract (the witness said that I had mysteriously signed up for this card online and they don't need a signature or personal info if you obtain a card online...yeah, okay) and they certainly could not produce any documentation showing I ever made a payment on this account. They also had no accounting info showing how they came up with the amount that they swore I owed, which was $3982.37. After hearing a few moments of this nonsense, the judge dismissed with prejudice. Win for the little lady!! So, yesterday I got a letter in the mail from a new JDB called CreditOne, LLC. Here's where this gets funky. It's for the same debt from Chase that was dismissed almost a year ago, BUT instead of the debt being right around $4,000...this one is for (hold on to your seats) $13,279.35!!! The only thing that I can figure is that Comp. Legal Sol. tacked about $10,000 on to the debt they alleged I owed, since that was approximately what they paid for the local lawyer they hired in the first place. I am absolutely flabbergasted that this is happening and can't imagine that this is legal. My questions for you are: What the heck do I do about this and do you think that this $13K debt is now being reported to the credit reporting agencies? Should I send the big 3 a letter, showing the debt was dismissed with prejudice and ask them to remove? And would that do any good, considering the debt is now up to $13K somehow? And, finally...who the he*l do I SUE OVER THIS TRAVESTY? Your input, advice and guidance would be most appreciated and acted upon. I will keep the topic updated as well, when new info is obtained so that others may be able to benefit from this terrible and shameful action by JDBs. Best, Nikki