False Claim

[mick1221]

I leased a car in 1998. Turned it in on time in 2001. (I can prove it.) Since that time, I have been harassed continuously to pay off the vehicle - they claim I never turned it in. (of course, they would have come by to repo it if I hadn't.)
Anyways, they just served me with a lawsuit, claiming I never returned the vehicle. Over the last 7 years, the debt has been sold to several different collection agencies. Each time, I proved I didn't owe the debt, then it was sold to someone else. (7 in all.) Additionally, I hired a company to have it removed, to no avail - it's been on my credit the entire time. I've paid higher interest rates on loans, etc., because of this, so I want to countersue the credit reporting agencies, (for not investigating properly - I've disputed with all 3 at least 25-30 times each) the dealership who didn't do the paperwork on their own end and the collection agencies. The statute is 6 years in Michigan, has since expired, but I want to retaliate now. I think I have a good countersuit?

 

[JohnMacek]

Assuming the facts are as stated, bringing a time-barred (ie sol has run) suit is a violation of the FDCPA, so it sounds like you have a decent chance of prevailing on a FDCPA claim against the collection agency that just served you.... BUT, you have to raise the defense that the action is time-barred. File an answer stating the same (as well as any other possible defenses you might have, just in case) and be sure to appear on your court date. Once the suit has been dismissed, file suit against the agency.

 

[Theresagail]

I would call the department of Motor vehicle and see if you can get a copy of the transfer of title from your name to the new persons name. becuase if you turned it in they must have resold it to a new person. That would prove that you were no longer in possesion of this car. The title would also show who sold it-- ie the dealership to a new buyer and you should have filed out some sort of authorization for the dealership to sign on your behalf to sale this car-- I think you have a good case against the dealership, the collection agencies adn the credit reporting agencies-- However you must get some proof of you dropping this car off and everythign was on the up and up at that time

 

[lwpat]

You can subpoena the records from the DMV.