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alan2k032003

Can I sue Discover Card, CA, CRA in civil court?

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Hi,

My stroy is I found a fraudulent debt in my credit report when I am doing mortgage refinance. The fraudulent debt was initial by Discover then sold to CA. I submitted dispute to 3 CRA, 2 of CRA removed the fraudulent record, but 3rd CRA keep thie bad record remain.

Could I sue the CA, CRA and Discover for unautohorize sold debt to CA?

Currently the mortgage process is on hold.

Could I claim the damage for overpay interest + FCRA civil penality + misc fee? The damage I calculated is more than max amount of small claim court. Could I sue in civil court to claim up to $25000?

Thanks,

:wink:

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If this was a case of fraud, you need to talk to the Fraud Department at Discover. They will tell you what steps you need to take next.

They are not wrong to give this debt to a CA if they are not aware that this is a case of fraud. You've never received a statement from Discover? Do you have another address showing up on your credit report? Discover sent out statements somewhere. You need to find out where, file a police report, and move on with the fraud investigation.

Suing them in court will take months if not years, and time is something you don't seem to have given your mortgage situation.

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You potentially have a case that would interest a FCRA expert. Inaccurate reporting, documented disputes in writing and credit denial will cause many plaintiff's lawyers to take the case on contingency. Go to naca.net and see if you can find a FCRA expert in your area.

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Hi,

I have been request CA to validate and send me the evidance about the debt, but they are afraid to send me the document. The evidance I got is the fraudulent account was open in 1995 and closed on 2000 in my credit report history. Should it reopen by someone else and got debt on 2002?

That is the reason why I believe Discover, CRA and CA have libility for this Fraud.

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Creditors like Discover have a Fraud Department and have specific processes that are followed in cases where fraud is suspected. If you feel they are not addressing your concerns, calawyer has pointed you in the right direction.

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