You are here:

Collections Law/fraud and judgement

Advertisement


Question
Greetings,
I was the victim of fraud. Someone opened a Sprint PSC account using my social back in 2003. I found out about it late 2007. I went through the arduous task of proving the activity was fraudulent and Sprint finally resolved the account.

This is where it gets really bad. Unbeknownst to me, Sprint sold the account to a collection agency and never reported that the account was opened under fraudulent means. The Credit reporting agency then escalated the account to their legal department and filed a judgment. I called the law group/collector and explained the situation, faxed all documentation necessary to prove that Sprint had cleared my name. He told me that they were going to file a Set Aside Judgement.

Obviously, I was concerned. I asked how this would impact my credit report. I was informed that the judgment will stay on my credit file for seven years, and that my credit score would be probably be negatively impacted.

Is there anything I can do to remove this judgment? Or am I stuck like the collection agency suggested. I am frustrated and perplexed. Any advice would be greatly appreciated.

Thank you,
Jachob Smith


Answer
The answer is pretty simple. If they do file a lawsuit against you then file a response to the lawsuit and since you can prove that Sprint said you don't owe them anything you can easily subpoena Sprint in to testify
on your behalf then when it gets dismissed file a lawsuit against the debt collector for filing a false & frivolous lawsuit on you.

You can also file a federal case against them with no problem after that. Teach them a hard lesson.

Bill Bauer
405-684-9297
405-227-9423

RECOMMENDED READING:
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
www.creditwrench.com/Howtodefeatdebtcollectors
How to set up your hard drive for creditwrench files. Makes them easy to find.
http://consumers.creditwrench.com/sh...=7351#post7351
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

We are going to start holding mock trials so that you can learn some court room procedures.

Collections Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

©2012 About.com, a part of The New York Times Company. All rights reserved.