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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9770
Experience:  Licensed to Practice Law
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JUDGEMENT FILED IN COUNTY COURT BY A LOCAL COLLECTION COMPANY

Resolved Question:

JUDGEMENT FILED IN COUNTY COURT BY A LOCAL COLLECTION COMPANY IN NEBRASKA
IN 2005 IS NOT MINE IT IS MY SONS NOT MY ADDRESS NOT IN MY PROPER NAME
ASK TO GET IT RIGHT AFFIRMED IT WOULD HAPPEN . THE JUDGEMENT IS SATISFIED BACK IN 2005
2010 DISCOVERED BECAUSE OF DENIAL CREDIT IT HAS NOT BEEN REMOVED CALLED 30 DAYS AGO NO RETURN TODAY TOOK OUT A 60 DAY NOTE IT IS STILL ON MY REPORT
I WOULD LIKE TO SUE FOR LIBEL
Submitted: 4 years ago.
Category: Legal
Expert:  TJ, Esq. replied 4 years ago.

Hello and thank you for allowing me the opportunity to assist you.

You wouldn’t sue for libel … you’d sue under the Fair Credit Reporting Act (FCRA), which states in part:

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed

under this title with respect to any consumer is liable to that consumer in an amount

equal to the sum of

(1) (A)

any actual damages sustained by the consumer as a result of the failure or

damages of not less than $100 and not more than $1,000; or

(B)

in the case of liability of a natural person for obtaining a consumer report

under false pretenses or knowingly without a permissible purpose, actual

damages sustained by the consumer as a result of the failure or $1,000,

whichever is greater;

(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the

costs of the action together with reasonable attorney's fees as determined by the

court.

(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report

from a consumer reporting agency under false pretenses or knowingly without a

permissible purpose shall be liable to the consumer reporting agency for actual

damages sustained by the consumer reporting agency or $1,000, whichever is greater.

(c) Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or

other paper filed in connection with an action under this section was filed in bad faith

or for purposes of harassment, the court shall award to the prevailing party attorney's

fees reasonable in relation to the work expended in responding to the pleading,

motion, or other paper.

.

.

.

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement

imposed under this title with respect to any consumer is liable to that consumer in an

amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure; and

(2) in the case of any successful action to enforce any liability under this section, the

costs of the action together with reasonable attorney's fees as determined by the

court.

(b) Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or

other paper filed in connection with an action under this section was filed in bad faith

or for purposes of harassment, the court shall award to the prevailing party attorney's

fees reasonable in relation to the work expended in responding to the pleading,

motion, or other paper

In sum, the above law allows you to win any actual damages, and if the incorrect entries were purposely put there, then you can win a penalty between $100-$1000. In addition, your attorney’s fees must be paid if you’re successful, and therefore, there is no reason not to retain an attorney to handle this for you. Therefore, I suggest you contact your local bar association for a referral.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9770
Experience: Licensed to Practice Law
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