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Afraid of Lawsuit from Requesting DV - Will They Sue Me?


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Hi everyone,

 

I have one item on my credit report that I don't recognize.  I'm not sure if I should report it as ID Theft since there is a chance it is mine and I just don't remember it.  

 

Is DV the best way to learn what this item is?  The thing is, I've heard that some agencies will file a lawsuit against me if I request DV.  I am disabled and homebound and cannot physically get to a courtroom, so I am really scared of this happening.  

 

The amount of the item is low and if it would be safer and easier I would just try to do a Pay for Delete or even just pay it off if that would benefit my credit report at all.

 

The CA is Portfolio Recovery and the OC is HSBC. 

 

I appreciate any advice. Thank you.

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You could send a DV to the furnisher, but they wouldn't have to respond.  A DV is valid only if it's sent within 30 days of a first communication which is usually a collection letter.  That first (initial) communication would contain the 30 day validation notice.   They may respond to you, but they wouldn't have to do so.

 

There's no way of knowing if you're going to be sued.  Plenty of JDBs have sued without having ever received any dispute from a consumer. 

 

Is the debt still within the SOL in your state?

 

When was the date of last payment?

 

Do you absolutely need it to be deleted from your CR?

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I would send a dispute letter to the CRAs especially since you don't recognize it.  That could get rid of it. 

If confident that it was not my debt I think this would be a good approach.

 

An online search leads me to believe that Portfolio Recovery Services is the same as Portfolio Recovery Associates, Inc or PRA

 

If I had not been contacted by PRA I personally would not send them a DV letter. I have sent two DV letters to PRA based on their sequence of dunning letters and they have been silent for a year or so.

 

In response to dunning letters I sent one OC a DV letter and failed to send another one a DV letter. They both sued shortly after contacting me. If a DV letter controls the filing of a lawsuit against me one way or the other I have no experience to prove it.

 

I would not likely pay a debt that wasn't mine just because some CRA put it in my file.

 

If no one had contacted me and I sent them a DV letter or disputed it with a CRA I would assume that my actions could possibly "light up their radar screen" and they might interpret my dispute as meaning I may need to clean up my credit score. They may also figure me to be a soft target to extort payment of the alleged debt exclusively on their terms. YMMV

 

I am not likely to agree to a PFD with a JDB/OC so I am hesitant to recommend it to others.

 

If an improved credit score was a priority I am unclear on how paying off or doing a PFD with PRA would cleanup the likely derogatory information from HSBC. I would want a detailed game plan on how to improve my credit and a very clear picture on why I need my credit cleaned up and what I am willing to do or risk to make that happen. Good items to honestly review before one decides to rattle the cage of a party that *could* sue them (assuming they are "afraid of a lawsuit") IMHO.

 

If the debt is outside of the SOL (meaning they *can* sue but the SOL defense is so solid they would lose and likely would not waste the attempt to sue) many would suggest you tell them to pound sand and die. I might want to take a different approach if I needed this off my credit report prior to the 7.5 years that derogatories typically hang around.

 

My preferred method for rapidly removing a derogatory from my credit would be noticing the CRA of a court's final judgment in my favor on the derogatory debt item. Not an easy task. Most everything else is going to feel a bit like dancing with a tiger. IMO. The exception is patience as time tends to improve derog impaired credit.

 

SOP: any agreement must be in writing prior to funds being sent.

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If confident that it was not my debt I think this would be a good approach.

Even if you were confident it was yours, this is still a good approach.  It's your legal right to dispute anything on your credit report.  

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