pilgrimfaraway

Helping A Friend with Attorney General Problems

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This is pretty interesting. I have a friend who was married with kids in Texas. Got divorced in 1999. Attorney general has added a tradeline to his credit report showing that he's 120+ late and has late payments through out his history with this account. The ex is on welfare, so the state is trying to get reimbursed.

Friend has records of making every payment every month. AG says that there are "some issues" and that they need time to review account. Here's what I told him:

1. They did not indicate that the account is in dispute although he has disputed repeatedly, that is a violation.

2. Even if they suspect there is some problem with the way payments were calculated or made, if he has reciepts showing that he paid the court ordered amount, then they cannot insert anything into his credit report until after it is legally determined that he owes something.

3. He should send all the information proving that he paid each month the amount ordered by the court along with a letter of intent to sue for violation of the FCRA for failing to indicate that the tradeline is in dispute.

He doesn't have the cash to hire a lawyer for this issue, so he will be flying solo. Please advise.

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The Attorney General is representing a governmental entity, not a private creditor, so neither the FCRA nor the FDCPA would have any jurisdiction. Further, this could be a criminal judgment as it could involve court ordered restitution. A lawyer should be consulted.

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Check your California Consumer Laws. if any. The Florida Consumer Collection Practices Act (FCCPA) most certainly apply to the Original Creditors, the Attorney General; Any Person, Any Officer or Employee of Any Federal, State or Local Government Body.

Best Regards,

June

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