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JusticeScore

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A debt collection recorded on my file by mistake (lastname similarity), Can I sue the collectors?
I am in the process of buying a home and thanks to Credit Karma, I received an alert saying my score has changed. My score had dropped significantly by over 30 points! Unbeknownst to me, a debt collection was entered against my name which I had absolutely no knowlege of. Having made 10's of phone calls and several emails and disputing the case, someone else's bad debt with a last name similar to mine had "somehow" entered my record.

A crook of a debt collector just entered a collection against my name as apparently they could not find the other person. Having spent 100's of $$$ my credit has been slightly repared after the so called debt collecters and their client agreed that this was a case of mistaken identity.

Well, to me, this is more than just mistaken identity, it feels more like identity theft. Due to this, AND, I did not get the home loan I really wanted as it took ages to fix this and my score did not go back to what it used to be :-(


My Questions:

1) Do I stand any chance if I sue the company that had referred me to the debt collectors mistakingly/delibrately ?

2) Even though I have removed the debt, my score did go back up, but was never adjusted to what it used to be. , How do I bring back my score to what it was?

Thanks very much and thank you Credit Karma.

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First, I'm sorry that, that happend too you.  I'm sure that these kind of things happen to a lot of people all the time.  And I'm sure that the timing could not have come at a worse time.

As far as when you first saw the alert and disputed the collection, the CA has 30 days to validate the debt and if they cannot it has to be taken off your report.  I'm not a lawyer so if it didn't happen in that time frame I'm not sure what your recourse is.  But if you feel like they were not acting out of good faith and went outside of that timeline you could contact a attorney and see what they have to say.

If the account was removed completely then your score should have gone write back to where it was.  I would check to make sure that there is nothing else holding it down.  maybe it was the extra inq on the home loan if you had to go for a different loan. 

Top Contributor
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It depends on how long ago this happened, you only have so long to sue them. Yes, this is strong grounds to sue. Do some reading on the FDCPA (fair debt collection practices act) if you haven't done so yet. Contact a consumer law attorney that handles FDCPA cases. I highly recommend the law firm of Kimmel & Silverman if they practice in your state.

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