Legal Question in Credit and Debt Law in California
Back in April 2009, my husband was sued by a credit card company for a debt that had already been paid in full. We attempted to provide proof of payment to the credit card company and their attorneys, originally the Law Offices of Mann Bracken and then the Law Offices of Brian N. Winn, on several occassions; however, the case continued on, finally proceeded to trail on February 2, 2010. My husband was ProPer, and since I have some experience with various areas of the law and litigation proceedings, I handled all the pre-trail procedural necessities, correspondence, responses, exhibits, etc., and put the entire case together with step by step instructions for my husband to present to the judge. The judge, after hearing the case, rendered judgement on behalf of my husband. Plaintiff's attorneys then filed a Motion to Vacate, which was set to be heard 08/27/10. The judge suggested Plaintiff's actually read the court file and review the Civil Code of Procedure prior to filing any further motions and again ruled on our behalf. My husband and I continued to "hold our breaths," until the judgement became final. This suit had put our entire lives on hold, and I can't explain the relief of thinking it was really over. At least we thougt it was. The credit card company continues to report negative information to the credit bureaus and list the account as a "charge-off" continuing to damage our credit. Do we have any recourse? The continued frustration and stress is at times overwelming.
3 Answers from Attorneys
You should have a very good lawsuit in your favor using the FDCP Fair Debt Ccollection Practices Act. Attys can get all fees paid by opposite when they win the case.
You may have a good case for malicious prosecution. You may have blown the one year legal time limit for filing a lawsuit under the FDCPA, at least for activities up through 2/10.
Congratulations on winning at trial!
Yes, you have recourse.
There are several potential issues. First, you want to get the item of negative credit removed. You should write to the credit bureaus requesting reinvestigation of the debt. You should also write a letter sent certified return receipt requested to the credit card company requesting them to remove it and send a copy of the final judgment from the Court.
If they refuse to remove the item of negative credit you can file a lawsuit against them for damaging your credit and violation of the Fair Credit Reporting Act.
You should try to determine whether their actions in relation to reporting the item is damaging your credit. If so, try to quantify (figure out how much) the damage has been.
Additionally, depending on the damage that they have caused and the facts of the case there is the potential of bringing an abuse of process lawsuit.
Let me know if you would like to consult on these issues.
Caleb
J. Caleb Donner
DONNER & DONNER
LEGAL WARRRIORS�
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Westlake Village, CA 91361
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