Legal Question in Credit and Debt Law in California
Old Debt in Collections Now
I have debt from over nine years ago that is now in collections. I have disputed this debt before, but it is still on my credit report. No payment has been made in over nine years. The collection agency that I first disputed this debt with sold it to another collection agency, who in turn sent me another notice. On my credit report, there is no date stated as to when last payment is made, nothing to show that it is from the last decade. I was denied a home loan because this debt is on my credit report twice, both showing that it is in collections. Who do I dispute this debt with again? The original creditor who has no record of this being my debt, the first collection agency, or the second one, or all three? How can they pursue a debt that even the original creditor has no proof of entitlement to?
2 Answers from Attorneys
Re: Old Debt in Collections Now
Did you receive any correspondence from the collection agency? They may have violated the Fair Debt Collection Act by trying to collect on a debt that was past the Statute of Limitations, Please contact us if you have any questions.
Re: Old Debt in Collections Now
You need to send a letter to the Credit Reporting Agency disputing the trade line. It is straightforward. You can find a sample on my website, www.californiadebtblog.com.
If you can prove this is the reason you were denied for a home loan, you have a case for damages against the debt collector and should consult with an attorney.
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