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Damages from Collection Agency

The last post in this topic was posted 3908 days ago. 

 

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I wasn't sure which forum to post this on. Hopefully I made the right choice.

 

My friend is filing Ch 7 later this month.

 

However, she has a collection account on her credit reports and they never validated. She/We sent the request for validation (if anything just to buy some time) and they never responded and it's been several months.

 

I found that under the FDCPA, Section 809(:lol: that a collection agency can not report a collection on your credit report if they never validated after being sent the request.

 

So if I'm understanding correctly, she's due $1,000 for the violation and they need to remove the collection from her credit report. I know it won't make a huge difference because she's filing Ch7 anyway, but the collection account sure isn't helping anything and the $1k could help with atty fees.

 

So what I'm wondering is: do we need to wait until she files Ch7 or can it be sent before she files? I don't want to put the cart before the horse.

 

Thanks for any thoughts/opinions...

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Was the DV timely?

 

Don't say it was unless you have her letter and the CMRRR.

 

As far as the $1k......they don't just hand it to you. :lol:

 

yup.. her letter was sent and signed for within 10 days of receiving their letter.

 

Yeah, I know they just don't send you the check without some more aggravation... but I figure it's worth the cost of postage to at least get the collection off her report. One less thing to deal with after the BK.

 

Has anyone used a consumer attorney to deal with something like this? I found some that don't require payment up front, so she thought maybe she'd have better luck getting some money with an attorney, even if it's less.

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