Credit Reporting Violations Question?
FAQ – Credit Reporting Violations
Q – I have an unpaid debt that shows on my credit reports. It is accurately reported, but I want to have it removed, because it is lowering my credit scores. Can you help me?
A – No. I don’t correct, revise or change the information in any credit reports, which is known as credit repair. I represent people in lawsuits where the account, judgment, or other information is inaccurately reported, such as being inaccurate or incomplete. I often suggest people try to dispute incorrect credit items themselves, sending a letter that provides tracking, such as by overnight delivery (UPS, FedEx, Express Mail) or Priority Mail. State and federal laws apply to shady practices by credit repair organizations, but these companies are somewhat unregulated, so research carefully before hiring a company, as I have seen that the fees charged are often excessive for something people can do for themselves for the cost of Priority Mail. I also have on my website free sample letters people can use and I have heard from people who said that the sample letters were effective for them.
Q – How can I get an unpaid judgment removed from my credit reports?
A – The credit reporting agencies do not need to remove a judgment from a credit report, until the judgment has been fully satisfied and the minimum amount of time for reporting a judgment (seven years from the date of entry of the judgment) has expired, whichever is later. A paper must be filed with the court showing that the judgment has been satisfied in full, which the judgment creditor is supposed to file, after the payment has been received. There are special rules if the judgment is not yours or is reported incorrectly.
Q – How much will I need to pay up front have Robert Stempler represent me?
A – Nothing for credit reporting violation cases! Indeed, the costs, expenses and legal fees will be paid from any sums that we receive from the other side on an approved settlement or towards the final judgment. The statute provides that the consumer may recover his or her legal fees and costs, so I would not advise anyone to try to handle a credit reporting violation case without having an attorney on your side.
Q – A debt collector has advised me to pay the debt and they will get the original creditor to delete the item on my credit report. Can they do this?
A – The collection agency or debt buyer may have a contract with the creditor as part of the purchase of a large pool of debt that the debt collection agency can request deletion of the creditor’s reporting of the account. However, in my experience, either they don’t have such a provision or you might not be able to get it enforced in court. I would be very careful believing anything a debt collector states by phone, especially as it relates to credit reporting. These days, we all must ensure that the person calling us is a legitimate debt collector of a legitimate debt, not simply a boiler room operation that makes improper threats and promises.