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First question I have is How to track lien and Lending Tree mortgage information? Thanks in advance for any response. Another question I got... To make a long story short....

CA puts three medical collections on all three CRs. I sent certified letter to CA... they sent letter to me saying that I waived my rights to validation because I didn't dispute within the first 30 days. I send a second letter (CRR) stating that this is not true, quoting section 809 of the FDCPA, and again asking for proper validation. They faxed me a printout from their computer and a note telling me that I will have to dispute with the CRAs. Disputed with CRAs, they verified, CA did not put dispute notation on my credit reports..

I have everything I need to back myself up... copies of all certified receipts, copies of credit reports, copy of Wollmann opinion letter, etc. I plan to file suit in small claims for $1500 (the limit in small claims here)..

This morning, the lady from the CA called me and asked me if I got the fax. I said yes I did, along with her note that she did not have to send me anything and that I'd see her in court..

My question - do I have to prove damages or can I just sue them for breaking the law and violating my rights?..

asked Mar 02 at 07:37

Bridget
's gravatar image

Bridget
11


That's a good question. I'm not sure what is the answer. I'll do some research and get back to you if I find an anything. You should email the people at Lending Tree as they probably can answer it..

answered Mar 02 at 07:42

Lilliana
's gravatar image

Lilliana
555

Thanks, keepmine. The CA told me that they throw out all documentation after six months. When I asked her how they would prove their case in court, she said that the burden of proof would be on me to prove I didn't owe it. The thing is, I never said I didn't owe it... I simply said I wanted proof that I am the responsible party and not my ex-husband. I would never deny that the bills are mine...

All I want is deletion for payment and they refuse to budge on it..

:) Thanks again..

Thanks for the bump, Matt...

answered Mar 02 at 08:01

Bryson's gravatar image

Bryson
1833

Girliegirl, you know it's amateur hour when the CA asks you to prove a negative. That is a logical impossibility..

Did you suffer any adverse credit or employment decisions during the time this collection was on your CR (and was not shown as "in dispute")? If so, you have damages...

answered Mar 02 at 08:44

Mia
's gravatar image

Mia
4159

If you have no actual damages you would then base your suit on statutory damages that the court would allow under the law..

Tac..

answered Mar 02 at 09:41

Lincoln's gravatar image

Lincoln
3953

I really don't * want * to go to court. I am hoping if I file, they will throw in the towel and delete them. They all total less than $300. I would pay for deletion but they say no. Kinda makes me wonder. If they are in the collection business to COLLECT MONEY then why are they so damn stubborn???.

I haven't applied for anything new in a year, just waiting until I get my reports clean. I have these three medical collections to go, and also a paid charge off that I cannot seem to get removed. I've used the nutcase letter twice for the paid charge off..

So... I guess I really don't have damages... and I've never been to court for anything... I guess I just wanted to see what I am getting myself into if I do file against them...

answered Mar 02 at 09:57

Brylee
's gravatar image

Brylee
4275

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