Legal Question in Credit and Debt Law in California

debt

Eleven years ago, I owned a timeshare with two other people.

On one particular weekend, one of the shareholders had the electricity turned on for the weekend and never paid the $57.00 bill. Because the utilities were in my name, The county placed this debt against my FICO score where it remains today. Since they refuse to remove it from my credit rating, I refuse to pay it. How can I finally get this removed from my credit score. I don't want it marked as ''paid,'' I want it removed and until then, I will not pay!


Asked on 8/11/08, 10:01 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: debt

There is no question that the creditor has the right to place a derrogatory remark on your credit report. You state that you were responsible for the bill (regardless of the agreement between you and the other owners of the timeshare), and you didn't pay it. Accordingly, the creditor has the right to continue to report it as being delinquent until you pay the bill. When you pay the bill, (plus I would assume collection costs, interest and fees - to which they are probably entitled under either their terms of service or by statute), you can expect that the delinquency will remain on your credit report for seven years, negatively affecting your credit. They have no obligation to remove it from your credit report even after its paid, and probably will not. They certainly won't remove it before they get paid. I don't understand why you haven't paid this to settle it as there is no question its your responsibility - personally my credit is worth more than $57 to me.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 8/12/08, 4:35 pm
Robert Mccoy Law Office Of Robert McCoy

Re: debt

Credit reporting agencies are required by law to remove any derogatory mark that is more than 7 years old, if you send them a letter disputing the validity of the debt. So, send the credit reporting agency a letter telling them the debt is over 7 years old and you do not owe it and never did.

Read more
Answered on 8/12/08, 5:43 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California