Monday, February 8, 2010

How can I take legal action against a company who is reporting false credit info after a bankruptcy?

Here is the link to the Federal Trade Commission's website. This is the page for info on how to report them and what you can do legally. Good luck.


http://www.ftc.gov/bcp/conline/edcams/cr鈥?/a>How can I take legal action against a company who is reporting false credit info after a bankruptcy?
The procedure is fairly simple. But you must follow a certain procedure to make sure proper notifications have been made.





Read the Fair Credit Reporting Act for more, but here's the method in short form:





Write a letter to the Credit Reporting Agency (CRA) protesting the report. They will then ';investigate'; it by contacting the creditor to ';verify'; the information. If the creditor says it's accurate, the listing stays. It will have a note that it's under protest. Note that by ';verify'; the debt, it only means the creditor confirms it. No proof is given, and no real investigation happens.





Next, write a letter to the credit demanding that they ';validate'; the debt. That means they must supply you with all contracts, bills, receipts, and everything they have to show how the calculated the debt they claim you owe. They have 30 days to respond. If they send you this information, examine it carefully. This info will be used in court if there is a lawsuit.





If they do not respond, send another letter to the CRA, along with a copy of the ';validation'; letter you sent to the creditor. Demand that they remove the listing due to ';lack of validation';. If they refuse, you now have a possible lawsuit against the CRA as well.





Once you have done all of this, and you have certified letters to prove you have performed proper notifications, you can sue them. Check your local state laws. In most states, you can easily sue without a lawyer in small claims court.





Touch base with your bankruptcy lawyer first. Bankruptcy laws are really screwy, and it may be possible that the creditor has a right to have the listing. I'd need more information about it to advise you further.How can I take legal action against a company who is reporting false credit info after a bankruptcy?
Ask your bankruptcy lawyer.

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