Legal Question in Credit and Debt Law in New Jersey

What are my rights regarding a credit dispute

I am disputing a debt with a collection company. I already disputed it with my credit reporting agencies and the debt has been removed. I sent a letter to the collection agency regarding this dispute. They do not want to talk to me and told me to just disregard the letter. This account was paid in full and why else would the debt be removed from my credit report. Their records state that the debt was from '98. How do i get them to get me off of their records and finally talk to me about the issue. What is my next step, and how many days do they have to reply back to me. As I mentioned this debt is mentioned nowhere on my credit report, and all the entries about it has been removed from my credit. thank you..


Asked on 4/11/03, 10:09 am

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: What are my rights regarding a credit dispute

You have the application of two different federal laws in your case: the Fair Debt Collection Practices Act (FDCPA)(collection agency) and the Fair Credit Reporting Act (FCRA)(reporting agency).

Under the FCRA, you should make sure that the reporting of the debt is reported correctly under all three agencies: Experian, Equifax, and Transunion.

Under the FDCPA, you disputed the debt with the collection agency. Your protection under this law is that they must cease all further collection efforts until they provide you with verification of the debt. You cannot however force them to talk with you about the debt (unfortunately). If they make any further collection attempts without first providing you with verification, they will have violated the FDCPA. You may wany to contact the original creditor, if possible, and have them recall the placement of the account. Feel free to call me if you need additional info.

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Answered on 4/12/03, 10:20 am


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