Articles Posted in Cases Filed

by

Our office filed this month our twentieth federal lawsuit against the famous debt buyer Midland for suing our client in a collection case, losing the collection case, and then refusing to remove the false credit reporting from our client’s credit report. The three major credit reporting agencies (Equifax, Experian, and Trans Union) were also included in the suit.

This is a situation we see happening again and again with debt buyers in Alabama. They sue in small claims court or district court. They have no proof. They show up to trial with no proof other than the pipe dream of trying to prove their case through a consumer/defendant who has no idea about whether or not the debt buyer owns the debt. Then the debt buyer loses. Then the debt buyer tells the credit or consumer reporting agencies (Equifax, Experian, and Trans Union) to keep the false credit reporting on the consumer’s credit reports.

Our clients have received five judgments against Midland in federal court but the wrongful conduct continues.

by

Our friend Anthony Bush with Anderson Nelms & Associates filed a case on February 2, 2009, against Bay Finance Company, Redstone Federal Credit Union and the consumer reporting agencies of Equifax, Experian and Trans Union.

This case arises out of a bankruptcy discharge that the plaintiffs received last year but the defendants continued to report discharged debts as having a balance owed. A discharged account must be listed as a zero balance as no money is owed to the defendant/creditor.

This lawsuit alleges violations of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and state law including deceptive trade practices.

by

A lawsuit was filed this month in the Middle District of Alabama against the well known debt buyer from California Midland Credit Management and Providian Bank. In the suit, our friend Anthony Bush represents Frederick Myers who claims he was contacted by both Providian and Midland on a debt that is not his. He disputed it but still Providian sold it to Midland for collection purposes and ultimately Midland went so far as suing Mr. Myers in small claims court.

We know Anthony Bush sees this as well as we do – so many of these debt buyers are filing suits with no proof and even suing people who do not owe any money to the debt buyers.

We wish Mr. Myers the best of success in his case that alleges violations of the Fair Debt Collection Practices Act (FDCPA), Alabama Deceptive Trade Practices Act, and state law (negligence, harassment, and invasion of privacy).

by

We recently filed suit on behalf of a Jefferson County resident who was sued by the debt buyer firm of Harvest Credit Management on a debt he did not owe. We successfully defended the consumer and then filed a federal lawsuit against the debt buyer Harvest Credit Management.

As is all too common in Alabama, debt buyers file suit against people who do not owe the money. Our client demanded that the lawsuit be dismissed with prejudice so he would not be sued again and the response was “see you at trial”. Our client went to court and the case resulted in a judgment in his favor.

We filed suit alleging violations of the Fair Debt Collection Practices Act and state law including malicious prosecution and abuse of process.

by

We recently filed a suit on behalf of an Alabama consumer against three related debt collectors – LVNV, Capital Management, and Resurgent Capital. We also sued Experian for violating the Fair Credit Reporting Act by keeping a false account on our client’s credit report.

LVNV sued our client and claimed she owed LVNV money. LVNV lost its collection case against our client. Instead of letting that be the end of it, LVNV had Capital Management and Resurgent Capital to start collecting on this debt that a judge said our client did not owe. LVNV also kept this account on our client’s credit report, violating both the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.

We have filed a number of these types of suits against debt buyers who refuse to follow the law and instead keep collecting and keep credit reporting false information. You can find our recent cases by looking at our website here or our blog here.

by

Hundreds of Alabama consumers are sued in small claims courts and district courts in Jefferson, Shelby, Tuscaloosa, St. Clair and other counties by debt buyers. Our client was sued by LVNV and our client won his case – the judge ruled our client did not owe LVNV any money which is what our client has maintained all along.

Instead of accepting the defeat with grace and correcting our client’s credit report by deleting the false information on there – that he owes LVNV money – LVNV told the credit reporting agencies that our client still owes the money. Despite what the judge said. And, to add insult to injury, LVNV then sent the account out to be collected by the collection agency Allied Interstate. Therefore, our client sued LVNV and Allied Interstate for violating the Fair Debt Collection Practices Act and Alabama state law.

This is a growing problem – debt buyers lose the collection case as more and more Alabama consumers are understanding that the debt buyers must prove they own the debt (and consumers are putting this in their answers to the complaints) and the result is debt buyers are losing collection cases. But then the debt buyers send the accounts out to be collected as if the consumer owed the money – completely ignoring what our state court judges have said.

by

We recently sued CACH, LLC (a debt buyer), Equifax, Experian, and Trans Union for false credit reporting in violation of the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and state law. This false credit reporting was done after a judge ruled that our client did not owe CACH any money on the alleged debt that CACH sued our client on. Pentagroup Financial was also sued as this debt collector started collection activities against our client who does not owe CACH any money.

We have previously blogged about how debt buyers and consumer reporting agencies (CRAs) refuse to delete accounts after an Alabama state court judge has ruled that our consumer does not owe the debt buyer. The debt buyer sues our client and loses. Our client disputes in writing with the CRAs. Pretty simple, right? Apparently not so simple. In this case CACH out of Colorado and Equifax, Experian, and Trans Union verified (kept) the false account with a balance on our client’s credit reports.

CACH also sent the account out to Pentagroup to start collecting against our client for this same debt.

by

We filed a case in Jefferson County, Alabama, against Verizon and Equifax for false credit reporting and the complaint is on our website. Our client paid a disputed charge and was told, in writing, by Verizon that the Verizon account or trade-line would be removed from all of his credit reports (this would include Equifax, Experian, and Trans Union).

When it was not removed, our client wrote to Verizon and called Verizon to try and get them to honor the deal Verizon made when he paid off the disputed charges. After several promises by Verizon and after disputing the account with Equifax and getting no help, our client was forced to file suit alleging violations of Alabama state law and the Fair Credit Reporting Act.

You may recall this is the second recent suit against Verizon that we have filed.

by

An Alabama consumer has recently sued the debt buyer LHR after LHR sued the consumer. The consumer denied owing the debt buyer LHR any money and the judge agreed, ruling in favor of the consumer. This should have ended the matter but to make sure the consumer disputed with the credit reporting agencies that the account should not be on the credit reports since the consumer won the collection case. Shockingly, LHR told the credit reporting agencies to keep it on the reports and Equifax and Trans Union did so.

We have previously blogged about how debt buyers who sue Alabama consumers must prove they own the debt and how they seem unwilling or unable to do so. We have also discussed disputing the collection accounts after you win your collection case. As always, we recommend you to pull your credit reports, review them, then dispute any false information, and finally sue if the false information is not corrected. Please feel free to contact us if you live in Alabama and have questions about your credit reports or being sued by a debt buyer.

Another resource for you is to join our Facebook Fan Page – Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

by

We have blogged about the dangers of debt collectors contacting third parties (neighbors, family, co-workers, etc) to collect debts and we recently filed suit against Tabula Rasa and the debt buyer Cavalry Portfolio for this type of misconduct. Despite what most debt collectors believe and how they act, debt collectors CANNOT contact third parties to collect debts. They can only contact co-workers or neighbors or other third parties to obtain location information – address, phone number, etc – but cannot use third parties to put pressure of any type on Alabama consumers who allegedly owe debts.

If your friend, or family member, or co-worker tells you that they are getting calls from debt collectors that are looking for you, carefully write down what you are told and get dates, times, phone numbers, etc. This will help you to document what has happened. Feel free to contact us if you live in Alabama and are dealing with illegal third party contacts by debt collectors.

Another resource for you is to join our Facebook Fan Page – Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

Contact Information