Wednesday, November 2, 2011

How to Sue a Company for Information on Credit Report

Debtors can sue their creditors for reporting false information to a credit bureau. This is usually only an effective strategy if the debtor can produce documentary evidence demonstrating the inaccuracy of a claim on a credit report and their attempts to resolve it with the offending party. If a creditor or collection agency violates the Fair Credit Reporting Act, they may be vulnerable to a lawsuit for damages.

Instructions

    1

    Maintain records of all bills and communications with creditors. Only mail out copies. Keep the originals for yourself and make backups. The more documentation that you have supporting your case, the more likely that you are to win a lawsuit against a creditor for credit reporting errors or other improper behavior. Keep records of any communications with credit bureaus as well.

    2

    Record all telephone conversations that you have with a creditor or collection agency after you have obtained their permission. This may be counted as admissible evidence during a lawsuit or court case.

    3

    Contact a lawyer to determine how to proceed. Lawsuits relating to inaccurate credit reports are usually filed under defamation, the Fair Credit Reporting Act or the Fair Debt Collection Practices Act. A company that has not updated a credit report despite a written agreement to do so may be vulnerable on multiple violations.

    4

    Proceed with the lawsuit. Expect the company to settle quickly rather than go through the expense and time of a lawsuit. In many cases, the underlying debt, if it was still valid, will be discharged as a result of the misconduct of the creditor and a penalty will be rewarded to the plaintiff.

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