Legal Question in Credit and Debt Law in Maryland

Advise on FDCPA/FCRA Civil Suit

I have filed a large claims suit in the District Court of MD against a collection agency(CA) for the following violations:

FCRA Section 604-(CA pulled unauthorized inquiry)

FCRA Section 623(a)(3)-(CA failed to note account as disputed to EQ)

FDCPA Section 809 (b)-(CA continued collection activity by caling me at work [after my request to cease communication until debt is verified], reporting the debt to Equifax and verifying the debt to Equifax)

The attorney for the Defendant has requested that I follow the Maryland Rules of Evidence and has objected to my request to have my credit report entered into evidence. Needless to say, this is a crucial element to my case. Is there anyway to get this piece of evidence admitted? If not, is there any other way for me to establish my claim?

Thanks in advance for any help provided!!


Asked on 4/12/04, 4:06 pm

1 Answer from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Advise on FDCPA/FCRA Civil Suit

Def. has to have a legitimate good faith basis to object to the document's authenticity. Ask for their grounds. Also pay attention to what purpose you are attempting to introduce it for, as that effects whether it is considered hearsay. If you are introducing it to show that the report said something, regardless or whether what was said is true, an objection should be overruled. If you were denied credit because of what the credit report said, it does not matter whether the report's statement was correct or not, as long as the person relied on the fact that it was said.

Also, the Def. must have a relationship with the credit reporting agency, and can not legitimately contest the admissibility of information it, the Def., reported to the credit reporting agency about you. It would come in as an admission by a party opponent.

If you have time, contact the credit bureau and get an affidavit from them attesting to the report's authenticity. Include a subpoena for the bureau to appear with all electronic and other records related to you between the bureau and the Def.

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Answered on 4/12/04, 8:55 pm


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