is this legal action and legally true fact that if I file a suit against a collection agency that is reporting a re-aged debt of mine that has been resolved and removed by the credit bureau, I can not claim prior events (damages caused )to my filled dispute? Does this mean that all the time before the date I do file a dispute, collection agency, is not liable for the damages that his false report of an old debt reported to a credit agency causing me, and you cannot ask for compensation prior to the date of dispute file?
Is this really part of Credit Fair Act? Would you please help me to understand if there is such a rule that allows a collection agency to do such act, and be free of liability, this is what I have been told.
Reply from DebtCollectionAnswers.com: Mike - who has told you that? Unless you are talking with a consumer law attorney who is on your side, then take any other advice you get with a grain of salt. We are not attorneys and we cannot answer your question in the level of detail it sounds like you require. That's why we would recommend you talk with your own consumer law attorney. Most will offer you a free initial consultation, and even if you decide not to hire one to represent you, you can find out whether you can simply hire one for an hour to help you prepare your case against the collection agency.
Please also keep in mind that if the collector re-aged the debt, it may have broken two laws - the federal Fair Credit Reporting Act and the federal Fair Debt Collection Practices Act. There may be state laws that apply here as well.
If you successfully sue the collector under the FDCPA, the collection agency will likely have to pay your attorney's fees. That means some attorneys will take your case on a contingent fee, basis so you will only pay if you recover. That means there really is no reason not to at least talk with an attorney.
We'll also add that you can read the read either of these statutes yourself. However, keep in mind that you may not find the answer you need just by reading the statute. Many times court decisions (case law) are also involved. Again, that's why it is so helpful to have an attorney with expertise in debt collection/credit damages cases on your side.
If you think the debt collector has broken the law, you can contact a local consumer law attorney with experience in debt collection cases via Naca.net