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Defamation of Character



Sylex48214

Posts: 3
Credits: 368.6
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Sub: Defamation of Character
Sun, 18/12/2011 04:30

Thank you for everyones help in the past.
In 2006 I was sued and a debt collector who obtained a default judgement. (I didn't know the law then).
I finished paying off the debt because I was watching my credit report tick down to zero. In fact all 3 credit reporting agencies at least show a $0 balance.
I made my final payment last September 2010 and sent a letter of satisfaction to the collection agency informing them of the final payment and acking to correct any errors I may have made. In other words, I paid the debt now reconsile your records to see if I am correct.
11 months later I receive a writ of garnishment from the collection agency. I answered with Objection and Hearing form. Instead of being honerable and answer my letter 11 months ago, they just filed more court papers.

I looked at my credit report today and it still says a zero balance on all 3 reports for the account they sued me for. Because if this I am suing them under the FDCA and the FCRA for inaccurate credit reporting but I would like to add defamation of character. I know how to reference the FDCA and the FCRA for law but how do I write Defamation of Charater into a lawsuit?

In a phone conversation with the collection agent I did ask, "Who marks my credit report?"
The answer, "No one does untill the debt is payed off."
Someone made a 9,000 balance on the report disappear. Also do I sue the collection agency or the OC? I think the collection agency is not a debt buyer.
I live in Michigan.



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Lian
Lian
Debt Samaritan
Posts: 234
Credits: 2709.75

Sub: #1 Debt collectors dont report monthly delinquencies to a CRA. You Sun, 12/18/2011 - 04:30



Debt collectors dont report monthly delinquencies to a CRA.
You dont have an "account" with a debt collector.
They have no codes for such reporting. It is most likely resulting from prior reporting done by the OC.
If you think the debt collector is reporting monthly delinquencies to a CRA, I would strongly advise that you first obtain documentation of such an allegation before bringing legal action.

You can send the CRA a request under FCRA 609(a)(1)and (2), along with the required processing fee of $11.00, and obtain the name of the party who actually reported the monthly delinquencies. That would be the type of legal documentation required to support your allegation.


marylouwalston23
marylouwalston23
Posts: 7
Credits: 401.25

Sub: #2 Quote: It does sound like revenge doesn't it? When it comes to aThu, 12/08/2011 - 12:18



Quote:

It does sound like revenge doesn't it? When it comes to an individuals credit report, it is a document that not only reports your credit history but is constantly being used as a document to buy insurance and get a job. Any marks on my credit report like that tell the world I am a bad person and not only di I don't deserve a credit card or a home loan but because of an incorrect entry, also says that I am such a bad person that I cannot have a job and I must pay double what a person with a good credit rating can get.
But my question remains. What do you hope to gain? Time can't be reversed, you can't go back and make it like the report never happened.

I would think that suing over the inaccurate credit reporting would get the bad information off your report.


SOAPLADY
SOAPLADY


Debt Samaritan
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Sub: #3 Are you sure the debt was in fact paid off? DId you call and geTue, 12/06/2011 - 16:08



Are you sure the debt was in fact paid off? DId you call and get a pay off prior to the last payment? Interest does accrue after a judgment is rendered so if you paid off what the judgment amount was, you have probably underpaid. You sent them a letter of satisfaction of the debt? That is not your letter to write...the lien holder sends it to you once the debt is paid.

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Sylex48214
Sylex48214
Posts: 3
Credits: 368.6

Sub: #4 It does sound like revenge doesn't it? When it comes to an indivTue, 12/06/2011 - 14:27



It does sound like revenge doesn't it? When it comes to an individuals credit report, it is a document that not only reports your credit history but is constantly being used as a document to buy insurance and get a job. Any marks on my credit report like that tell the world I am a bad person and not only di I don't deserve a credit card or a home loan but because of an incorrect entry, also says that I am such a bad person that I cannot have a job and I must pay double what a person with a good credit rating can get.
Since the debt collector mismarked my credit report, and now 11 months later after I sent them a letter informing them of my last payment, they decide that instead of a nice letter saying I may owe more lets work this out, they initiated legal action. More importantly, they are still marking my credit report 180 days late even when my credit report says there is a zero balance. What I see is a neglegent debt collector that continues to report on my credit report that I am still 180 days late with a zero balance. Also since business is concluded with the collection agency they still pull my credit report without having a business relationship anymore AKA permissible reason.
With the continued reporting and not having a permissable reason to pull my credit report which in turn tells the world not to do any business with me, hire me or make me pay double for car insurance all because of a low credit score. Defamation of Character because your credit score is your character on paper.


marylouwalston23
marylouwalston23
Posts: 7
Credits: 401.25

Sub: #5 First off, I am not an expert. My thought on defamation is iTue, 12/06/2011 - 12:25



First off, I am not an expert.


My thought on defamation is it would be more trouble than it???s worth. What do you hope to gain by this? I understand that you are upset and may want to get revenge, but to what end? I can definitely agree with suing over the inaccurate credit reporting but the defamation doesn???t make since to me.


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