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Slam dunk suit or not?


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2 years ago, went to an emergency room in my hometown in Louisiana. A few weeks later, hurricane Katrina hit and I was displaced. Many months after, I got a letter from a lawyer looking to collect a $100 bill from the visit. I sent him a letter explaining why the debt was not valid. He responded in writing expressing understanding and said he would not pursue the debt and that would end the matter. Yes, I still have the letter...pulled my credit report today, and what do you know, it is being reported by Equifax as being an unpaid collection account. OK, can I expect an easy small claims victory?

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Did you save his letter, did you save a copy of the letter you sent him, did you send it CMRRR and did you request validation?

I have all the letters. Since the 30 day window was closed, I specifically asked it be waived since my house was unlivable during the 30 day period. In response to the request, he stated in writing he would stop pursuing the debt. The letter was bouncing around the mail for weeks before I even recieved it...I was out of state!

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Well, I would imagine having a debt collector stating in writing he would no longer pursuing a debt and then reporting to the CRA you are a deadbeat might qualify...but I could be wrong.

Did the debt collector use the term "deadbeat" on your credit report? I realize there is a lot of support for the idea that reporting a debt to a CRA is collection activity, but the FTC opinion that gets tossed around regarding this has no weight in court. Yes, I absolutely believe that reporting to a CRA is collection activity (by a debt collector), but you're not likely to win that battle in court.

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