Two years after filing and successfully discharging debts in a bankruptcy, I was served with a 'Summons' to appear in court and a 'Complaint' had been filed against me. Cavalry Portfolio Services, a debt collection agency, was pursuing an old discharged debt. The complaint was filed by the agency's attorney out of the Portland area.
The original debt was a Texaco (Citibank) account, and the lawsuit explained that the old debt had been sold to Cavalry Portfolio Services. I felt I had no choice but to retain an attorney to appear on my behalf. I had my attorney file an 'Order of Dismissal' for this frivolous claim and ask that Cavalry Portfolio pay my attorney's fees.
The Claim was dismissed in court, however, my attorney's fees were not covered. Furthermore, about 4 months after this was over, I ran a credit report. This collection was STILL on my credit report and had not been removed! I immediately phoned Cavalry Portfolio Services and asked them to kindly remove the negative collection account information from my credit report. I was not successful. I faxed the discharge paperwork, I faxed the 'Notice of Dismissal' and I couldn't get them to correct the information with the credit bureaus. Finally, I contacted their attorney. After several weeks, and disputing the information to the credit bureaus myself, the information was removed.
What about Due Diligence? No effort was made on behalf of Cavalry Portfolio Services. If Cavalry Portfolio Services had just contacted me (I've had the same address and phone number for 4 years), all of this could have been avoided. I never received a letter or phone call from the collection company.