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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 92534
Experience:  Attorney experienced in commercial litigation.
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2 part question.....I have 2 debts I need to dispute. One

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2 part question.....I have 2 debts I need to dispute.
One I just received from a collection agency in the mail. This debt has limited validiity.I owned several racehorses. The race horses trainer would order vet work. After paying tens of thousands of dollars I asked the trainer multiple times and the vet in person ( they are in California) not to do ANY vet work without my permission. It fell on deaf ears . Not only did it continue but I was getting vet bills for horses I never owned. I never had any signed contract with the vet or the trainer.

I want to dispute the balance they claim I owe.

Second - there is a debt on my credit report from a company that claims I leased a credit card machine for my deli. I never owned a deli. I asked to see a copy of the contract but they have not provided it but have charged off the debt (5000). I disputed the debt with Equifax etc and simply got a letter back that the debt is valid......How can I dipute this given it is way past 30 days ( 120 days) and remove it from my credit
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

1) On the vet bill, if the vet can prove they provided service and you owned the horse, then you would have to prove that the vet knew and was told that no work should be done without your approval and that they did so despite your telling them not to do any further work. If you can provide proof in court the vet was told that and that the vet knew the trainer did not have authority to authorize them to do the work, then you have a good case to get that bill vacated or dismissed. When you sue for this, if the trainer went against your orders to not get work performed without your permission, then you need to add your trainer to the suit as a third party, which would be where you bring them in the suit and state that if you are found liable to the vet for the bills the trainer is liable to you for the payment for exceeding the scope of his authority to get treatment done by the vet.

2) This second one is pretty simple, but I am afraid that it requires you to go to court against the company for violations of the FCRA in improperly reporting debt that does not belong to you. As you have already put the company on notice it was not your bill and they have violated the Fair Debt Collection Practices Act by refusing to validate the debt and are reporting a debt they cannot prove and does not belong to you, this is grounds for you to now file suit against them for damages including attorney's fees as provided for in both the FCRA and the FDCPA.



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Customer: replied 1 year ago.


Thank you for for prompt reply. I just want to clarify for myself.


With the vet , the remaining amount of 3800 that I received a letter from a collection agency for , 70% is for a horse that I never owned. Jockey Club Papers attest to that. Would a debt validation letter compel the collection agency to produce details rather than a flat amount?


 


In the second case , to clarify , I disputed with Equifax and got a letter saying they investigated and the debt is valid. As I never owned a deli which is what the lease company claims ( I called them and asked for a copy of what I allegedly signed) and given it has been charged off , it seems that other than dispute thru equifax etc I haven't any other recourse?


 


Thank you so much

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and clarification.

Under the Fair Debt Collection Practices Act, the debt collection company must produce an itemized statement proving the amount of the debt. Thus, if you are able to prove they are billing for a horse you never owned and you submit that proof to the collection agency as well and they continue to try to pursue the whole debt you can sue them for violation of the FDCPA as well for failure to substantiate the debt as your debt.

You are mistaken in the second situation. You have recourse beyond a dispute with equifax, since they do no real investigation they just send a letter to the company and if the company says the debt is valid it is valid. As I stated above, you will have to sue the company for violation of the FCRA and the FDCPA for reporting a debt that is not your debt.
Law Educator, Esq., Lawyer
Satisfied Customers: 92534
Experience: Attorney experienced in commercial litigation.
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Law Educator, Esq.
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Attorney experienced in commercial litigation.