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How to force the collection agency to correct the wrong reporting?
Anonymous2 views4 answers
I saw a medical debt record from my credit report. I have already paid it and provided a collection agency with a receipt but the collection agency ignored my request and did not reply. How shall I force the collection agency to correct the wrong reporting? What law regulates the collection agency doing business? Thank you for your answer.
Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
The law is called the Fair Credit Reporting Act (FCRA). You need to dispute the entry on the credit report by mail or online with each credit bureau that has incorrect information. Thus, you need a credit report from each bureau. You can go to each of the credit bureau websites and search "How to Dispute" to get the procedure that you need to follow.
If the creditor does not respond within 30 days, the info will either drop off your report or will be reported correctly as you request in your dispute.
If the improper information remains on the report or reports more than 30 days after the dispute or if the information comes back down the road, then you will have a FCRA claim. Since the FCRA requires the creditor continuing to submit improper information and possibly the credit bureau to pay you damages that are proved along with automatic or statutory damages and allows your attorney to collect his/her attorney's fees from the party that is responsible, many FCRA attorneys will handle the matter in a manner in which he/she will collect his/her fees from the creditor and/or the credit bureaus.
You can call attorneys in your area that handle FCRA claims and get their advice on how to dispute so that you document your case properly. You can search for an attorney using the "Find a Lawyer" link at the top of this page.
Make sure your request was in writing so that you can show judge you gave them a warning to correct it. If they aren't compliant a law suit might be necessary. These are very common and often force the collection company to pay for the damage they are causing.
Both previous answers are right on point. You need to be proactive and let the collection agency know that you are going to cause trouble for them if they don't fix the issue.
John Griffin WattsForeclosure AttorneyBirmingham, AL ·
You can also sue directly under the FDCPA or fair debt collection practices act. This law says it is illegal to do false credit reporting.
I just filed almost the exact lawsuit in federal court this week.
Sometimes it is better to dispute under the FCRA but other times suing now is best.
Get with a consumer protection lawyer in your state to find out what is best for you.
Sorry having to deal with this type of non sense.
John