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Help in finding civil penalty under California Law (Whew)


reno2360
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I know this may be a lot to ask but my eyes just can't take it anymore. I have a great case against a partularly annoying and nervy CA who has made a couple of huge errors. They are asking for this pending lawsuit.

First they pulled up my credit report with absolutely, without a doubt no PP. I have found a clause in California law where the civil fine for knowingly -vs negligently - doing so is $2500.00. I have tons of evidence that they knew it was wrong and did it anyway.

They also reported this account for over a year to CRA's knowing it was in error. What I can find in the California law area is the violation 1785.25, but I can't seem to locate the fine specifally relating to that violation. I am looking forward to filing suit and just want to have everything all set.

Thanks for any help - everyone who replied to my previous questions has been just wonderful in the past. Thank you all.

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They knew I never owed them money as they were told by the OC, I have a copy from the OC telling them that. They pulled up my credit report after I contacted them regarding their reporting it in error and AFTER they TOLD me, and wrote to me, that I don't owe them (the CA) any money, that I had a zero balance. We had NO business relationship at that point. They had no PP.

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can you please let me know what clause that is in California. i have a CA that pulled my credit after I told them that in California, the SOL is 4 years, and they have no legal right to collect on this debt anymore. I demanded they stop collection activities and the next day they received my letter, they puled my credit report. Then a few more after that. Really pisses me off.

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Hawk,

If you owe them for tthe debt, They can pull your report for up to 10 years. They can not legally enforce the debt after 4 years. They have permissable purpose because you owe. The credit bureaus will on let them report for up to 7 years. Send them a Cease and desist (limited) One of the legal reason they can pull if you don't have a cease in order is because they can say they want to find out where you currently live to bill you. this applies in any state. The cease and disist will serve you best because they cannot continue collection activity until they validate and verifiy the debt.

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First off, go to the "Credit Repair Section", then click on our "Sticky" titled "The LAW in CALI". You will get your information there. As to the section you are referring to as to liability is CCC 1785.31. While there, be sure and click on the second post of page one. It will take you to the California Department of Consumer Affairs own Summarry of the FDCPA. Go to page 9, then scroll to Article 2.6. This is in regards to timebarred debts in California. If I remember right, Myself or ADSOFT noted the sections of the California Civil Code that apply to debt collection. If not, let me know and I will post them for you.

As to pulling a CR on a timebarred debt, they do have a legal right to access your file. The SOL only relates to their being able to take legal action, nothing more. But, if they do make contact, their communications cannot, in any way, threaten you. Remember, you will always owe the debt until it is paid or you check out. I will agree that, in Calfornia, it should be a violation to access the files on timebarred debts for one main reason. That reason being that when a consumer goes to purchase a home, their CR is pulled. When it gets to the credit research, the person doing this will make contact with all creditors, including those who have made a hard inquiry. Since they will explain their relationship, the lender may require the debt be Zeroed before they will fund. As my Loan Officer told me, they are all afraid of a Judgment, even if you make them aware the debt is timebarred. To me, this is continued collection activity.

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