Can I sue PRESIDIO FINANCIAL for running my credit without permission?

Asked over 3 years ago - Nashua, NH

PRESIDIO FINANCIAL ran my credit they are a debt collector. I do not belive I owe anybody any money. What are my rights?

Attorney answers (3)

  1. Paul H. Weig

    Contributor Level 13

    1

    Best Answer
    chosen by asker

    Answered . The Fair Credit Reporting Act restricts the reasons and number of times different entities may pull your credit report. The Fair Debt Collection Practices Act also has protections against debt collectors reporting false information. You haven't provided enough facts to determine whether you have a good claim. Because both of these Federal Statutes provide for an award of your attorney's fees if you win you should be able to find an attorney who will give you a free consultation and, if there is a good claim, take the claim on a contingent fee basis.
    The National Association of Consumer Advocates is a good place to look for an attorney in your area. www.naca.org

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . Although the Courts are open for you to sue anyone you like, if you do not succeed, you may be held responsbile for paying their attorney fees, which might be substantial.

    You haven't stated anything that leads me to believe you have a legally valid reason to sue or that you have any damages.

    If you believe something on your credit report is inaccurate, you should begin by disputing the claim. Hope this persepctive helps!

  3. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . When deciding if you should sue someone there are two essential requirements. First, did the person who you think violated your rights have a duty to refrain from the activity that you think would form the basis of a suit or did they have a legal duty to do something and they did not do it. It is very difficult to determine the answer to that question based on the facts you list because it will depend on State law and possibly administrative law in your State and under Federal Law.

    The second essential is where there compensable damages? Damages for which a Court can award you monetary awards or injunctive relief (order the other person to do something or stop doing something). If you have both of these elements you may sue.

    However, lawsuits take a high degree of expertise and cost money. Many clients have come to me through the years and stated that the money did not matter to them, just the principal of the issue! When I tell them how much I and other lawyers charge by the hour it becomes obvious to them that the value of the lawsuit damages is very important.

    You can seek out your lawyer referral service to seek counsel. There are agencies of the State and Federal Government you may want to contact. Talk to a lawyer before you decide to sue someone for expert legal advice!

    REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable.

    Good Luck!

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and... more

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