Full question:
My mortgage company has mishandled my account, which caused my credit report to be damaged making it impossible to refinance. I attempted to rectify this problem by contacting the mortgage company numerous times with no success. They either could not figure out the problem or transferred me to the incorrect group. I have kept records showing when I paid my account but they still could not explain incorrect billing issues. Additional information is available regarding this matter. What type of lawyer handles these kinds of cases? Do I have a case?
- Category: Courts
- Subcategory: Attorneys
- Date:
- State: National
Answer:
I cannot provide a legal opinion on the likelihood of success in a lawsuit. Generally, to win a negligence claim, you must show that the defendant failed to use reasonable care, which caused you harm. Under the Fair Debt Collection Practices Act (FDCPA), it is illegal for a debt collector to provide false credit information about you. You can request verification of the debt, and if you believe you do not owe the money, you must send a letter to the collector within thirty days of receiving their notification. The collector must cease all collection activities until they validate the debt.
In some cases, consumers can sue debt collectors for violating the FDCPA. If you suffer damages, such as physical or economic harm, you may recover actual damages, which can include compensation for emotional distress. Even without actual damages, you can recover up to one thousand dollars for FDCPA violations.
Under the Fair Credit Reporting Act (FCRA), you can dispute incorrect information on your credit report with the credit bureau. Submit your dispute in writing, along with any supporting evidence. The credit bureau must investigate and update your report if the information is found to be inaccurate.
A general practice lawyer can assist with these claims. Additionally, you can report your complaint to the Federal Trade Commission, which works to prevent fraudulent and abusive business practices. You may also file a complaint with your state's Attorney General's office.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.