Few days back a collection agency called one of my friends and asked him regarding my information (name & address) so that they could serve me. They even left a docket number (which doesn’t exist). Last night I spoke them back and someone there said that they are going to file a civil lawsuit against me. I advised the person that SOL in CA is 4 years and that period is now expired. He claimed that they are still going to sue me. I have already checked my credit report and found that the misrepresentation of debt has heavily hit my credit report. What should I do now?

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If they have threatened to sue you on a time-brred debt, they have violated the Fair Debt Collection Practices Act. Filing lawsuit on time-barred debts not only result in dismissal of the case, but they are also bound to pay for the damages and your attorney fees under the FDCPA. Again, the FDCRA limits the amount of time that a negative item can be reported to the credit bureaus.

You can dispute the debt with the major credit reporting agencies by stating the debt as incorrect. If the problem persists, consult a local attorney who is specialized in FDCPA and your state's consumer consumer protection statutes is in order.

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Last Updated on: Fri, 8 Jun 2018

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