Legal Question in Credit and Debt Law in Massachusetts
credit
About 5 years ago, unauthorized charges appeared on my credit card statement. We did not pay it, instead we sent letters to CApital one, with no response. It has since been charged off and sent to collection agencies. We've sent letters there (and to the credit bureau) as well because it is killing my credit score. The outstanding bill is now $2000. I don't know if i should just pay the $2k or continue to fight this (fighting it since 2001)and how my credit will be effected. My main concern (aside from getting this taken care of) is my credit score. How should i proceed?
3 Answers from Attorneys
Re: credit
You can sue capital one, the credit agency, and any collection agency for failure to comply with the Fair Debt Collection Practices Act (FDCPA) and other fair reporting requirements.
Re: credit
If you have copies of the letters, send them to the collection agent. At this stage, payment or not, it will still show on your credit report. You may have a right to sue the credit card company or file a counterclaim, should you be sued.
Re: credit
You have rights under both the Fair Debt Collection Practices Act with respect to the continued collection upon this account, as well as the Fair Credit Reporting Act with respect to your credit report. Please feel free to contact my office for a free initial consult based on the facts of your specific situation.;)
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