Tips & Tricks
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www.equifax.com          800-685-1111  Dispute Online: http://tinyurl.com/2tom6g Dispute By Phone: 866-244-1477

www.experian.com       888-397-3742  Dispute Online: http://www.experian.com/disputes/index.html Dispute By Phone: 888 397 3742

www.transunion.com    800-888-4213  Dispute Online: http://annualcreditreport.transunion.com/entry/disputeonline Dispute By Phone: 1-800-916-8800

Opt-in or Opt-out of Credit Card Offers https://www.optoutprescreen.com/opt_form.cgi or call -888-5-OPTOUT

Statute of Limitations on Debts

 

Collector Tricks

What to Do After You File Your Lawsuit: Making a Discovery Plan

Formal Discovery

Formal discovery is a legal process that kicks in after a case has been filed. Formal discovery encompasses a number of investigatory tools, including:

  • Interrogatories -- written questions directed to the adversary that the adversary must answer in writing and under oath.
  • Depositions -- oral in-person questions that the adversary or another person must answer under oath.
  • Request for Production of Documents -- a request for a particular document or class of documents likely to be relevant to your case.
  • Requests for Admissions -- a written statement you serve on your opponent in an effort to get your adversary to agree that certain facts are true or documents are genuine.

 

 

 

 

 

 

 

Request for Production You should demand a collector to "produce" documents that support their case. They will need to produce documents that prove you opened the account and they will need to prove you spent the money that they are accusing you of owing. If they have no proof they will lose in court, and they know it. You could file for a summary judgment and not only will they lose their case they will owe you attorney's fees and costs.

Request for Admission  A discovery procedure, authorized by the Federal Rules of Civil Procedure and the court rules of many states, in which one party asks an opposing party to admit that certain facts are true. If the opponent admits the facts or fails to respond in a timely manner, the facts will be deemed true for purposes of trial. A request for admission is called a "request to admit" in many states.

Interrogatory Written questions designed to discover key facts about an opposing party's case, that a party to a lawsuit asks an opposing party (but not a witness, who can only be questioned in person at a deposition). Interrogatories are part of the pretrial discovery stage of a lawsuit, and must be answered under penalty of perjury. Court rules tightly regulate how, when and how many interrogatories can be asked. Lawyers can write their own sets of questions, or can use form interrogatories, designed to cover typical issues in common lawsuits.

Keep in mind collectors are licensed and bonded to protect their customers, the creditor. Not only the debtor. They will often collect the money from you and never pay the original creditor! If you are going to work out a deal, do it with the original creditor if possible.

They may offer you a credit card just to get credit info.

They may send a check calling it an overpayment. When you cash it they know your bank account number.

They may send a letter to your employer as if they are using them as a credit reference.

They may call the phone company as if you are using them as a credit reference.

If a collector won't work with you, send a "cease and desist letter." Since they can't contact you anymore, this will cause them to sell the debt to another collector. Every time the debt is sold it costs the next collector less money so in turn they can make a deal with you for less money.

Tips and Tricks

Under the Law of Agency original creditors can be held responsible for the actions of the debt collector and taken to court as a co-defendant. See http://en.wikipedia.org/wiki/Agency_(law)

Too many inquiries can red flag you. I've seen people with good scores turned down SOLELY for too many inquiries.

Even though FICO.com suggests to you multiple inquiries will only count as one I would think twice about believing this. I've seen it go down in practice regardless of what they claim. It may take a month to show but it will decrease your score. Read carefully what they write below. If it sounds a little confusing ask yourself why. Why don't they simply say, "all Auto and Mortgage Inquiries made in a thirty day period count as one?" Why does it take a whole paragraph to say what could be said in a short phrase?

From http://www.myfico.com/CreditEducation/CreditInquiries.aspx

 

What to know about "rate shopping."
Looking for a mortgage or an auto loan may cause multiple lenders to request your credit report, even though you're only looking for one loan. To compensate for this, the score ignores all mortgage and auto inquiries made in the 30 days prior to scoring. So if you find a loan within 30 days, the inquiries won't affect your score while you're rate shopping. In addition, the score looks on your credit report for auto or mortgage inquiries older than 30 days. If it finds some, it counts all those inquiries that fall in a typical shopping period as just one inquiry when determining your score. For FICO® scores calculated from older versions of the scoring formula, this shopping period is any 14 day span. For FICO® scores calculated from the newest versions of the scoring formula, this shopping period is any 45 day span. Each lender chooses which version of the FICO® scoring formula it wants the credit reporting agency to use to calculate your FICO® score.

If all you have is credit cards, taking out an installment loan or mortgage can cause you score to skyrocket. Even if you only only finance a small amount.