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Question By
LC1227

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14 People Helped
If my report calls a collection account "closed" and a "charge off", can a collection agency sue me?
A collection agency has subpoenaed me to to file an appearance in court, which I did. They then requested that the court grant them a default judgement against me for failure to respond (which I obviously did). The court denied their request saying that I am not a party to the debt. The collection company then did it again, asking the court for a default judgement because I had not "replied". They continue to send me bills and they continue to threaten to sue as they've been doing for over a year. The account is marked as "charged off" and "closed" on my credit reports. By the way, I do not think I owe this debt. My questions are "can they sue me? and "can they continue to try to collect?"

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The status of charged off or closed does not prevent collection attempts. If the court has already ruled in your favor I do not see how or why they would keep coming after you for the debt. I would contact a consumer law attorney that takes FDCPA (fair debt collection practices act) cases and see what can be done. It sounds like this company in seriously harassing you and most likely violating the FDCPA as well as other laws if the court has already ruled in your favor.

Top Contributor
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1210 People Helped

First, I would write a letter to the credit bureaus asking to validate the debt. Just explain that you feel like the debt is not your and ask them to validate it. Next I would collect all the letters that they have sent you, phone records and all....... Then I would call a lawyer for harassment, sometimes you can be rewarded for harrassment and fraudulent collection practices.... You can also report them to the FTC.  The credit bureaus should remove it within 30 days since the Judge denied it......

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