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Is the only option left to sue?

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I'm sorry for the long post.....

Several months ago a collection showed up on my reports. This is for a large amount that is not collectable under my states laws. It is real estate related and the lender did not follow the law and recoup the equity that was available in the property. Anyhow this is how I proceeded:

1. Letter to CA asking for validation and informing them that they are not able to collect per state law. Also informed them that original creditor had already been notified of this. (they ignored this letter completely)

2. Aproximately 2 weeks later. Dispute with CRAs. They come back verified. (also CA is not reporting as disputed)

3. I send second letter to CA informing them of their violations and threaten to sue. I wait a couple of days and redispute with CRAs.

4. Experian says "already investigated" EQ and TU do not respond. I pull reports via Privacy Guard and they finally show "disputed"

5. I send a letter to Experian along with the letters (and green cards) that had gone to the CA and explain that the CA has not verified and there is no way that EX can be getting these back as verified. I threaten to sue.

6. Today EX responds with "already investigated".

It is so aggrivating when a CA that knows they can't collect mucks up my report. They didn't show it disputed untill after I sent them a second letter. Then when I go to the CRA with my problems and even provide them additional information they just blow me off by saying already investigated.

So is the only thing left to do is to sue? Do I sue EX and the CA?

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Yes you do.

Make sure you inform the judge of the FCRA and FDCPA .. Take copies of it with the appropriate sections highlighted because most small claims judges do not know this info.

Hope that helped

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When I file suits, I include everything I can. I put copies of the Fed and State laws, FTC opinion letters, case law I think will help, copies of green cards, usps.com delivery confirmation, whatever. My shortest suits are 20-30 pages long.

My goal is to make the case as airtight and hard to defend as possible. Usually when a CA attorney sees this, they call 4 days to a week before the first hearing and settle. To me, any settlement that includes deletion plus my expenses is a win. Deletion only is an overtime win

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