Life after Debt Litigation
You can use the Credit Reporting Act to clean your credit.
You probably know I am a big believer in filing a counterclaim to a debt lawsuit if possible. Having a counterclaim gives you some very important control over the lawsuit itself. And it also can help prevent other suits or harassment on the debt. If you do not have a counterclaim, the debt collector is free to drop the case at will in most jurisdictions. Your counterclaim prevents this.
There is also another reason relating to your life after litigation: Repairing your credit after the lawsuit.
Protect Your Credit Report
You may not know it, but when a creditor or debt collector sells your debt to someone else, it should report that information on your credit report. That way, if the next company also reports you, it is clear that they are doing so on a debt that someone else previously owned. And this in turn prevents one “bad debt” from looking like several bad debts. After charge-off and sale of the debt, the original creditor should not be adding information to your file. That is the right of the next person who obtains the debt. In other words, only the person who currently owns the debt has a right to report information about that debt.
Why is this important?
It’s important because if you force the debt collector to settle a debt as a dismissal “with prejudice,” you terminate the debt collector’s right to collect. You also end its right to report the debt as a debt. That is because it, and any subsequent owner of the debt, is bound by what is known as “res judicata” (or more commonly now called “collateral estoppel”). Basically what that means is that once a court has ruled on the validity of the debt – that ruling will apply no matter who later owns the debt.
Use the Credit Reporting Act
We’ll discuss how you can use the Credit Reporting Act (also called the “Fair Credit Reporting Act) to force debt collectors to remove negative credit references from your record once you’ve beaten them in a debt lawsuit in Part 2 of this article. You can get the rest of this article by clicking here: Using the Credit Reporting Act.