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Can't find the Answer you were looking for?
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9150 page views
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Need to know what recourse I have against a fraudulent collection agency.
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7/21/2010 6:20 PM (PST)
How does one go about suing a Collection agency for damages?
This Agency, Creditor's Specialty Service, Inc, fraudulent represented themselves as working for the original creditor. They did not pass on my settlement offer to the original creditor but they claimed my offer was refused, which resulted in a lawsuit and a lien on my house. Subsequently, the agency offered me a settlement agreement and I have been paying as agreed.
When I tried to refinance, the agency said they would not release the lien on my house unless I paid the entire original amount plus accrued interest. I had to cancel the refinance.
I contacted the original lender who said they never received an offer from me either before or after the lawsuit. The original creditor owns the lien, not the agency, so the agency could not have refused to release the lien as they threatened to do. The creditor had never been consulted about the post suit agreement, had no knowledge of it, and had never received any payments that the collection agency had been getting from me, supposedly on the creditor's behalf. They also said they had had no contact with the agency for years and were not even using them.
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7/21/2010 8:45 PM (PST)
Contact a good civil lawyer. You can usually find one
in phone book or online within your area. You can also
contact your state Attorney General. Find him on your
state Website.
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7/22/2010 8:54 AM (PST)
Judy,
I suggest you file a complaint with the Federal Trade Commission since they regulate collection agency industry. Here's their link:
https://www.ftccomplaintassistant.gov/
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6/25/2011 5:11 AM (PST)
If they're into fraudulent activities you may register your complaint with the BBB, FTC and the AG. Apart from that you'll need to consult a lawyer in order to stay protected in the event a lawsuit is filed against you.
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6/25/2011 5:18 AM (PST)
Yes, it's actually very important to go through the contract terms during the waiting period. Many of us won't even bother to read through these terms and think it's useless. Later on when they're in a problem they'll come to know the importance of this contract.
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