Legal Question in Credit and Debt Law in North Carolina

No, they cannot. That is an unfair debt collection. Speak to an attorney who may be able to sue the and get you damages.

I agree with Attorney Love but you are confusing statute of limitation for a court case with a credit report.

Statute of limitation is a court defense that you raise in a timely filed answer to a lawsuit. If you do not raise it then its waived and even if the claim would ordinarily be barred by the statute, its still ok if you do not make it an issue.

If the balance is from 2004, when did the dentist sue you for it? The statute in NC is 3 years in most cases with the statute running from the date of the last payment or the time of service by the dentist.

Once the balance was owed the dentist could turn it over for collection or report it to the credit bureaus. What the dentist cannot do is sue you, lose and then report to the credit bureaus.

Reporting of debts is governed by the Fair Credit Reporting Act, FCRA. There is a specific process that you must go through before you can sue the dentist.

First, you need to get current copies of your credit report and see what is on there. If you have a copy of the order dismissing the case (or if you don't get it) save it. If the debt is on your credit report, I assume that it was reported prior to the lawsuit dismissing your case. It should have dropped off your report by now because of age if the debt was incurred in 2004. The dentist cannot report it again.

If the debt is still on the report, write a letter to each of the credit bureaus and include a copy of the small claims order dismissing the case. Advise the credit bureaus that the debt was incurred in 2004 and should not be reported, that the lawsuit is dismissed (include a copy of the order) and that no attempts should be made to refresh the date of the debt (if that is what is occurring) or have the debt re-reported. Ask them to remove. Keep a copy of the letter for you and send it certfied mail to each of the 3 major credit bureaus - Experian, Equifax and Trans Union.

Wait 45 days for your revised credit report and see if the information has been removed. If the debt is still on there, you need to send a certified letter to the dentist advising that his claim is time-barred as found by the court and that the balance owed is from 2004 and cannot be on your credit report. Ask him to furnish correct information to the bureaus and remove this item. Tell the dentist you will be pursuing further legal action under the FCRA if he does not comply.

Wait 30 days. See if the information is still on there. If it has not been removed, then you need to see a lawyer who specializes in FCRA/FDCPA violations.

If you do not know anyone please contact me at [email protected].