Re-aging debt

by Mike
(Seattle Washington)

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

Comments for Re-aging debt

Click here to add your own comments

Nov 22, 2011
 A similar case like you but different approach
by: cinemass

I have a very similar case like you. One important issue that many people overlook that re-aging a debt is just a civic matter. But i tell you If you can prove that the collection agency have reported your old debt again, it mean they have changed the date of the debt that already been resolved, and also has been removed; then practically the collection had to forge your document which is obviously a crime.

Then do not do what I did and got nowhere, it means only talking to an attorney which is most probably ends up to a kind of settlement with the collection agency won't solve your problem. But say to the attorney that the collection agency changed your information on your old debt and make it look new and falsified a report to the credit agency about your debt!and that is a criminal act which is forgery (it means they intentionally and maliciously did dat , and you can take to US Attorney and file a complain against collection agency.

Most lawyers they just want to negotiate, because they are not trial lawyers, they are just negotiators, and want to make a deal with with the collection agency , and may after months of wasting of your time say to you that we can not do anything for you.

Then first of all in writing directly to the collection agency say to them that you have forged my documents in order to make it new , therefore if you do not remove the false reporting on my credit agency, then you will take the case to US Attorney , and I bet you the collection agency will back up and will remove the reporting for you from credit agency(that was happened to me,they removed my false reporting from credit report, but I wanted to know why they did it in the first place because I think what the collection agency did is in violation of the law,and must must be punished),then don't hesitate , and get them nailed by writing a solid letter that if they don't remove their false reporting on you, then you will file a complain with US Attorney.

Click here to add your own comments

Return to Debt Collection Questions.

Learn how debt collection laws can help you!
This website does not provide legal advice.
All information is for educational purposes only.
Copyright 2007 - 2021 by Mary Reed and Gerri Detweiler.
All rights reserved..
Read our Privacy Policy here. Do not sell my information.