Consumer complaint received 2025-01-27 00:00:00
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: EQUIFAX, INC.
State: UT

Complaint narrative:
On XX/XX/XXXX, I was informed I had lost a default judgment for a case I didn't know I had due to a fraudulent service. On XX/XX/XXXX, I emailed XXXX notifying them that the account was disputed and that I had filed a Motion to Vacate. I included the motion and undeniable proof that I had not been served. XXXX stated in a phone conversation that he had also delivered a copy to the plaintiff. On XX/XX/XXXX, I emailed XXXX that we had sent a copy of the motion to Plaintiff via certified mail and had filed a report with process server, XXXX XXXX. On XX/XX/XXXX, I sent a report with proof to XXXX XXXX process server Chief Council notifying him of the fraudulent server, which prompted an investigation by XXXX XXXX that was then sent to the plaintiff ( XXXXXXXX XXXX XXXX ) on XX/XX/XXXX. On XX/XX/XXXX, I sent an email to XXXX that I had spoken to XXXX XXXX representative XXXX XXXX and that he had notified us that the service was, in fact, fraudulent. On XX/XX/XXXX, at XXXXXXXX XXXX I wrote to the plaintiff, and XXXX both an email to formally notify them that the judgment had been disputed due to improper service and remained pending the court 's decision. I requested they immediately cease all collection activities under the Fair Debt Collection Practices Act. On XX/XX/XXXX, I sent a Cease and Desist letter to XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX. On XX/XX/XXXX at XXXX, I sent the plaintiff an email to multiple addresses demanding she take immediate action to vacate the default judgment due to improper service and provided her evidence of such. On XX/XX/XXXX, I wrote plaintiff informing her of the signed Motion to Vacate, the virtual hearing on XX/XX/XXXX. I provided a copy of the court packet to include my evidence and the signed Stay of Execution of Judgement. On XX/XX/XXXX, I was denied credit to XXXX due to illegal collection on my credit report by Proficio On XX/XX/XXXX, at XXXX I sent a Notice Violation of Court Order, outlining the laws broken in continuing to collect the debt. These laws include : Repeated Violations of the Fair Debt Collection Practices Act ( FDCPA ) Attempting to collect a debt by refusing to remove collection from a credit report, despite knowing judgment was in dispute, despite agreeing to cease and desist, and despite receipt of a signed Motion to Stay Execution of Judgement. Under the FDCPA, debt collectors are prohibited from engaging in deceptive, unfair, or abusive practices. This is in violation of the following provisions : Section 807 ( 15 U.S.C. 1692e ) : Prohibition on False or Misleading Representations Reporting a debt as valid to credit agencies while knowing it is under dispute or subject to a stay of execution should be considered a false representation of the character, amount, or legal status of a debt ( 1692e ( 2 ) ). Communicating false credit information, including failing to indicate that a debt is disputed ( 1692e ( 8 ) ). Section 809 ( 15 U.S.C. 1692g ) : Validation of Debts A debt collector is required to cease collection activities until the dispute is resolved when notified that a debt is in dispute. Continuing to report the debt could violate this section. Failure to Comply with Court Orders The agency has disregarded the Motion to Stay Execution of Judgment signed XX/XX/XXXX. This violates the following provision : Section 808 ( 15 U.S.C. 1692f ) : Unfair Practices Reporting or attempting to collect a debt that can not legally be collected due to a court-ordered stay of execution is an unfair or unconscionable means to collect or attempt to collect any debt. Failure to comply with the Fair Credit Reporting Act ( FCRA ).- By continuing to report the disputed debt to the credit agencies, they are in violation of the following provisions : Duty to Provide Accurate Information ( XXXX5 U.S.C . 1681s-2 ( a ) ) : Furnishers of credit information ( like XXXX XXXX ) are required to report accurate information to credit bureaus. Reporting a debt that is under dispute or subject to a stay of execution is inaccurate and incomplete. Obligation to Investigate Disputed Debts ( 15 U.S.C. 1681s-2 ( b ) ) : When notified of a dispute by a consumer or a credit bureau , the furnisher must investigate the dispute and correct or remove any inaccurate information. Failing to do so violates the FCRA. Abuse of Legal Process XXXX XXXX has pursued the unjustified means of reporting a collection to the credit reporting agencies that is intended to harass or coerce me into an unfair resolution. This is causing me undue emotional stress since it has triggered a security investigation, as well as financial stress as I can no longer be issued credit ( I was recently denied a XXXX store credit card for example ). This is egregious since XXXX knows the judgment can not be legally enforced. XXXX is knowingly using credit damage as leverage to coerce unlawful payment. This is in violation of several provisions of the FDCPA including : Section 806 ( 15 U.S.C. 1692d ) - Harassment or Abuse This section prohibits any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Continuously reporting a debt to credit bureaus in violation of a stay order is conduct meant to harass or oppress. Section 807 ( 15 U.S.C. 1692e ) - False or Misleading Representations Subsection ( 10 ) prohibits the use of false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. Reporting the debt without acknowledging the stay or dispute has misled credit bureaus and has caused harm to my credit reputation. Section 808 ( 15 U.S.C. 1692f ) - Unfair Practices Subsection ( 1 ) prohibits the collection of any amount not authorized by the agreement creating the debt or not permitted by law. Reporting the debt in defiance of a legal stay is an unfair practice because it disregards legal boundaries. Section 809 ( 15 U.S.C. 1692g ) - Validation of Debts As I have disputed the debt, the XXXX must cease collection activities until they validate the debt. Continuing to report the debt without resolution of the dispute is clear harassment. Unauthorized Reporting to Credit Bureaus Despite the Courts order prohibiting execution on judgment, XXXX XXXX XXXX has unlawfully reported the disputed debt to credit reporting agencies, causing further harm to my financial standing, my security clear On XX/XX/XXXX, at XXXX pm I sent plaintiff and XXXX a copy of the Stay of Execution of Judgement. On XX/XX/XXXX, I called manager XXXX XXXX on a recorded line to inform him he was in violation of a court order mandating the Stay of Execution of Judgment. XXXX refused to remove the collection from the credit report despite the court order and admonished us to " sue him ''. This recording is available to investigators.

Company response to consumer: Closed with explanation