I discovered
that the courts are selling fines, judgments, restitution and child
support accounts to collection agencies. Once the account is
transferred to a collection agency, the original creditor has
signed off of the account, and said that the debt to said original
creditor is satisfied. You did, after all, provide this original
creditor with a signed contract or promissory note (consideration),
and therefore, such creditor has been “paid” from day one. However,
when the account goes to a collection agency, it’s a new account,
and they have NOTHING with your signature on it to hold against you
in court (unless they get you in default). So, when you dispute the
debt as we do, they run for the hills, because they are violating
the Fair Debt Collection Practices Act, and committing fraud.
The process goes
like this:
- Get your
credit report from Trans Union – They are the easiest to do this
with, and then you can use their revised report to force the other
Credit Bureaus to revise also (if they don’t do it automatically);
- When the
credit report comes, make as many copies of the “dispute form” as
you need in order to dispute ALL ADVERSE ENTRIES. Obviously we
don’t want to delete the good stuff. The dispute form should come
with the credit report. It has boxes to check off for reasons why
you are disputing the info, such as “Not my account” or “Account
is Paid”. Check off the box at the bottom of the list that says
“Other,” then type in “Account is Pre-Paid.” Then go all the way
to the end, and there is a space for “Additional Comment”. Type
in “Please provide Me with the addresses of all creditors on the
above listed accounts” and it in.
- In about 10
days to 2 weeks, you will get a list of the addresses of the
creditors. Send each one a letter like the one I attached to
this. ** This step is OPTIONAL. It has worked just as well
without sending anything to the creditors, so you could just wait
and see if it works without the letter, and if they don’t delete,
send them something later.
- About 5 weeks
after you sent back the original dispute form, you will get
another credit report with all of the collection agencies accounts
“DELETED”. This means that they were not able to VALIDATE THE
DEBT to the satisfaction of the Credit Bureau for compliance with
the FDCPA. (Fair Debt Collection Practices Act).
Any debts which
remain on the credit report after doing this will have to be
contested by administrative process. But as said above, this has
been seen to work with Federal restitution and according to the
Fair Debt Collection Practices Act, any debt which has been
disputed and which the alleged creditor fails to validate, BECOMES
UNCOLLECTIBLE. The alleged creditor is barred from all further
collection attempts. The cases of restitution, fines, tax liens,
etc are a recent discovery.
This has not been
carried through to a conclusion yet, as to what the implications may
be with this. It is possible that anyone who does this and gets his
fines or restitution deleted off of the credit report may be able to
use the deletion as evidence of fraud and get a void judgment in his
case. This has not been tried yet, but will soon be in the
process. There are several people right now, attempting to
duplicate the deleting of restitution/fines, and then we will see
what they can do about using that to their advantage in their
cases. The key to the front gate may be through the credit
report. The key to freedom for a lot of people out there is
certainly through this process. Someone I mentioned this to, said
that, “if you have restitution, you are ORDERED by the court
to pay it!” I said, “Well can the court order anyone to
pay a fraudulent and invalid debt?
This person shared his personal
success by using this method and was even successful at getting
all the back child support payments that were being collected by
Social Services removed from his credit report. I received
copies to verify his success story! This is being shared by
permission.
