Q: I am being sued by a debt collector. i pulled my credit report, and said debt is not there. I intend to answer with a
copy of the credit report, stating said debt does not exist, having passed the Statute of Limitations, and having been purged from the report. Is it possible they have something I may not be aware of? Do I have a reasonable chance of success?
A: Debt collectors are not required to report the alleged debt to the credit reporting agencies (Experian, Equifax, TransUnion). That said, they usually do as long as they can. If this is a debt which you have not paid for more than four years prior to the filing of the complaint, you have an excellent chance of success. I highly recommend you meet with a lawyer, as you may have claims against the debt collector for violations of the FDCPA, Rosenthal Act, and possibly even the FDBPA. These claims may actually put money in your pocket, and they include attorney fees and costs in the statute, so you will not have to pay an attorney up front.
Go to ConsumerAdvocates.org to find a local attorney who may be able to help you.
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