How to Sue a Debt Collector Listed on a Credit Report
You can sue a debt collector listed on your credit report for defamation and violations of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. You can successfully sue your creditors without a lawyer, but you may increase your chances of success by working with a debt settlement lawyer. You'll need to collect as much documentation as possible about the debt and your communications with the debt collector to increase your chances of a successful lawsuit.
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Instructions
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Collect and make copies of all communications that you have with the debt collector you would like to sue. Minimize your conversations over the telephone. Insist that most of your discussions be kept to writing. Keep the originals of all bills and letters related to the debt in your files and make copies for later use. Make notes of the dates and times you received phone calls, as well as recordings and notes of their contents if possible.
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Review the FDCPA and FCRA and check to see if the debt collector has violated any of these. For example, if a debt collector has threatened you by saying that you may be criminally liable for non-payment of debts, you may be eligible for a $1,000 payment from the collector for the violation under the FDCPA.
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Consider contracting with a debt settlement lawyer, particularly if you would like to sue for defamation. Debt collectors may be sued for defamation particularly if they can't prove that you owe the debt that they're trying to collect for, because the government considers fraudulent harm to your credit report defamatory behavior.
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File a creditor harassment lawsuit with the assistance of an attorney once you are confident that you have gathered sufficient evidence to prove that either you do not owe the debt or that the collection agency violated the FCRA or FDCPA when attempting to collect on the debt. If you are successful, the debt will be discharged and you will be eligible for judgments of up to $1,000 for each proven violation.
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