h8spleadingpaper

Reporting on CR Without Listing as In Dispute - Leverage?

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Hi, All.

 

I'm currently awaiting Trial against a JDB that's suing for alleged credit card account debt in the amount of $7,xxx.xx (trial is about 7 months out).  Last time I checked, they were reporting on my CR without listing as "Disputed."  From what I've seen so far, the Plaintiff has jack shxx for evidence (I'm starting Discovery now to verify, but the initial Complaint was a 1 page form with no documentation at all).  I'm wondering if it's worth shelling out the cash for another CR to see if they are still listing without the "Dispute" in order to use it as a bargaining chip to see if they'll drop the case (i.e. - threaten to sue them for violation of FCRA rules).  Since it doesn't seem like they have much of anything, I'm wondering if the threat of a return suit might just convince them to cut their losses.  Or, could they just wiggle out of it by adding "Disputed" to the CR after I point it out?  Anyone have any experience with this?  If so, is there a thread here that I could follow for this process?

 

Thanks everyone!   

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@BV80

 

Hey, BV.

 

Sorry, I may have misunderstood.  I had thought that when a Complaint was filed and a Defendant submitted an Answer, that the JDB was required to update the CR listing as "Disputed."  So maybe I should dispute with the JDB & CRAs and see if they fail to change the trade line on my CR?  Maybe the 623 Method I've seen outlined elsewhere on this site?  I'd like to find a way to set the opposition up for a fall and get them to back out, if possible.

 

Thanks!

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@

 

I don't believe that filing an answer to a complaint would be considered a dispute of an entry on your CR.

 

The 8th Circuit Court of Appeals ruled that if you dispute directly with the furnisher who's reporting on your CR, the furnisher does not have to update to show that it's disputed.  I believe the court was referring to furnishers who no longer update after receiving a dispute.  If they choose to keep updating each month, then they have to include notice of the dispute.  I don't know if the 9th Circuit has addressed it.

 

If the JDB keeps updating each month, they would have to update the entry as "disputed".   If they don't do that, you'd have an FDCPA violation but not an FCRA violation.  You only have an FCRA violation if you dispute an entry with the CRAs and the JDB verifies incorrect information.

 

You should see if CA's Rosenthal Act addresses the issue.

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@BV80

 

Thanks for setting me straight on that, BV.  And you're right, I should read up on the Rosenthal Act again.  I haven't looked into anything related to the case in quite a while now and it's time to brush up.

 

@bassplayr

 

Thanks, Bass.  You bring up some good points, and to be honest, there are other things I should be focusing on right now that take priority over any kind of 623 work (like figuring out how to get Discovery going).  I also follow your train of thought about the threat of a $1,000.00 fine not being enough to chase off the opposition in a $7,000.00 claim.  However, I'm pretty sure that they have absolutely nothing to work with, so the knowledge that I'm going to fight and potentially cost them money on top of beating them (assuming I'm right), might be enough to get them to drop.  Just trying to figure as many angles as I can.

 

Anyway, thanks again for your input, folks.  Don't know what I'd do without this site!  :-)

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If this is a JDB your fighting and not an OC, then they only paid pennies on the dollar for your debt. It won't take much to cost them money in that case. But, you will need a good dog in that fight to back them down if they think they can get seven large out of you.

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