What type of attorney would handle a claim against my mortgage company for mishandling my account?
Full Question:
Answer:
I am prohibited from giving a legal opinion about the chances for success of a lawsuit. Generally, in order to prevail in a negligence claim, it must be shown that the defendant failed to use reasonable care, which caused harm to the plaintiff.
It is a violation of the Fair Debt Collection Practices ACT (FDCPA) for a debt collector to give others credit information about you that is false, or should be known to be false. The Act also allows you to ask for a verification of the debt and to A company's own internal collection department is classified as a "creditor", not a "debt collector". The Fair Debt Collection Practices Act does not apply to creditors, however, state laws may apply.
If you think you don’t owe the creditor money, you must send the debt collector a letter stating that you do not owe the money to the creditor. You must send this letter to the collector within 30 days of the date you receive the written notification of the debt. The collection agency must stop all collection activity, including reporting and verifying, until they supply proper validation to you after a written request.
In an appropriate case, consumers can sue debt collectors for violations of the Fair Debt Collection Practices Act. If the consumer is injured, either physically or economically, the consumer may recover actual damages. Some of the damages that may be recovered include for physical illness, mental illness, lost wages, and costs of getting an unlisted phone number, if those things are caused by the illegal debt collection. In extreme cases, consumers may recover compensation for emotional distress. Even if there are no actual damages, consumers may recover up to $1000.00 for violations of the FDCPA.
Under the Fair Credit Reporting Act (FCRA) you have the right to dispute erroneous information on your credit report with the credit bureau providing the information. You should submit the credit report dispute in writing, providing any proof you have to support your claim. The credit bureau must investigate the validity of the information and if it determines the information was indeed inaccurate, your credit report will be updated.
Any general practice lawyer may handle such claims. Other avenues for reporting a complaint include:
* The Federal Trade Commission: The Federal Trade Commission works for consumers to prevent fraudulent, deceptive and abusive business practices. To file a complaint visit (15 U.S.C. §1692l * File a complaint with your state’s office of Attorney General.
