[BurnaDebt]

Looking for advice from those who have actually filed lawsuits against Collection Agents and against Experian, Equifax, and TransUnion.

I recently read about a credit restoration technique described on the CreditNet discussion board involving the use of Cease and Desist letters. The thread describing this technique is:

Why Time Barred C&D = Delete

http://consumers.creditnet.com/Discu...ime+barred+%3D

This thread describes how a CA can be banned from engaging in “communication” with the alleged debtor once the alleged debtor sends the CA a cease and desist letter. And if the alleged debt is time-barred (past the state statute of limitations for legally forced collection), then the CA cannot report the debt to any credit reporting agency because the courts have determined that reporting this information to a CRA is a form of indirect ”communication” with the alleged debtor and is a violation of the FDCPA once the cease and desist letter has been delivered.

I decided to employ this technique in my credit restoration efforts. So I recently delivered Cease and Desist letters by CRRR to 10 CAs for accounts listed on my credit reports, all of which are well past the 4-year statute of limitations for enforced collection here in the state of Texas. These were mailed approximately nine days ago.

I then turned around and delivered three slightly different letters to each of the CEOs for the three national credit reporting agencies. I included copies of the ten CA letters and CRRR receipts I had delivered to the 10 CAs.

The 10 CAs and 3 CRAs were informed that these tradelines are time-barred accounts and no "communication" can be made toward me after these C&Ds were delivered, and such communication includes indirect communication initiated through credit reports issued by the CRAs containing information on these 10 accounts. I informed them that their only option was to delete these records from my credit file. And if not, I planned to file legal action. Each of these letters included copies of Filing Forms for Small Claims Court I obtained here in my city. (I want them to know that I will take action.)

At this point I have received a letter from one CA, Arrow, notifying me that they have contacted the CRAs to have this tradeline deleted. I have received no other letters, just CRRR Green Cards. A credit report pulled yesterday showed that one CRA has deleted the Arrow account.

My first question is-- After I receive the Green Cards from the C&D letters I delivered to the CAs, how long must I wait for changes to be made to my credit report before I can file lawsuits against the CAs?

And how long must I wait, giving the CRAs time to delete these tradelines from my file, before I am allowed to file suit against the CRAs if they don't? Though the CRAs typically are not covered by the FDCPA which restricts “communication,” they are legally accountable if they continue to publish information on my credit report after I have shown them that the information is incorrect. When the three CRAs received the letters I sent to them containing 10 packets of information on the 10 time-barred tradelines, from that point forward the CRAs have been informed that the CAs cannot ”communicate” with me because of these C&D letters which I sent them. Therefore the three CRAs legally have been informed that the information they have in my credit file is incorrect. And according to the following they are legally accountable if they do not delete it:

FCRA Section 623

CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the
Third Circuit Court Case 115 F.3d 220 June 9, 1997, Filed *(D.C. No. 95-cv-01743).


Second question-- If I pull my credit reports again next week and find that no deletions have been made to my credit report, do I have to fax the CRAs to notify them that they have not made the necessary changes, or can I just file the lawsuits against the CRAs?


BurnaDebt

[hannah]

This is complicated. This method may or may not work according to whatever judge it is heard in front of and small claims court is not a place to argue FDCPA or FCRA claims as the judges don't understand or are familiar with federal laws in most cases.

The cases you cite as the definition of communication are only a few of the numerous case defining it and it would depend on the district you are in whether or not it was binding or merely persuasive. The law allows for a collection agency to dun you for an SOL debt and report it for up to the 7 years indicated in the FCRA. They can even file suit and you would have to answer with the affirmative defense of it being time-barred or you might lose. The suit in itself on a time-barred debt in some federal districts has been ruled to be an FDCPA violation.
You need to check to see what the law holds as a communication in your own district first. Since we have 2 members here on infinitecredit that are in Texas, and familiar with Texas law, I am going to let them take this from here. I am sure they will be along shortly.

[Pale Rider]

1 Small claims is the wrong venue in TX

2 You should wait a minimum of 30 days before filing, I would suggest at least 60 or more

3 The CRA may be able to keep the information in your file if it is correct. They are under no duty to delete accurate information until the time limits in FCRA are reached. The CA would not be able to "communicate" with you indirectly, but the tradeline is past tense. It already happened, and no new communication is being offered after the C&D. You can't sue for a C&D violation because you re-read a letter they sent before the C&D. I contend that is the case with the tradeline.

[centex]

The reaosn for always waiting at least 60 days in Texas is that any properly plead credit claim in Texas should incorporate DTPA claims. Those require 60 day notice to opposing parties prior to action commencing in the courts. The DTPA claims are where the real money is since TFC 392 contains no caps on damages for those violations and the DTPA elements allows trebling of that award.

Of course, many boards won't tell you that because they can't get their head out of the ass of the FDCPA to take the time to look at far better state provisions...

[Pale Rider]

I'm second guessing my #3 above. I thought I had read somewhere that a CRA could continue reporting accurate info, even if the data furnisher submitted for a deletion. I can't remember where, so I have nothing to back that up.

If the info is correct, and the only issue is the C&D, I think it would be a very weak case against the CRA.