Legal Question in Credit and Debt Law in California

Wrong Information reported to credit bureau from Collector

I ran my credit report to check my credit score and noticed a collection on their for $108.00 that is not mine. I contacted the collection co. and they told me that they will not remove it. I asked for a supervisor and they refused to let me speak with one and were extreemly rude even though she admitted the collection was not mine. What can I do? My credit is perfect other then this one collection and it is stopping me from getting a good rate on a mortgage, I will have to pay an extra $2500 in fees unless I have it removed. What can I do? Do I have a small claims case ?


Asked on 1/14/02, 8:19 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Wrong Information reported to credit bureau from Collector

If they admit that it does not belong to you, but they will not remove it, they could be liable for a statutory amount, plus attorney fees.

Take the steps outlined by the other answers, then go after them. I do this all the time.

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Answered on 1/15/02, 4:51 pm
Larry Rothman Larry Rothman & Associates

Re: Wrong Information reported to credit bureau from Collector

You should demand in writing that they remove it within thirty days. If they refuse, they may be in violation the the Federal Fair Reporting Act. So that you do not lose the loan, pay the debt and put under the check (paid in protest). If you fax me at 714 363 0229 all of your documentation, I will provide you with free consultation. You may have a great case against the creditor and the collection agency.

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Answered on 1/14/02, 8:40 pm
Alexander Trueblood Trueblood Law Firm

Re: Wrong Information reported to credit bureau from Collector

Who are the creditor and debt collector involved?

California law requires that the debt collector remove the inaccurate information, and report the debt as disputed. You should send the letter the other attorney mentioned, but send it to three different entities: the creditor, the debt collector, and the 3 credit agencies. Send by certified mail.

Finally, since this is id theft in all likelihood, consider filing a police report. Send the police report to the credit reporting agencies with an explanation, and by law, they are required to block the offending entry.

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Answered on 1/14/02, 8:55 pm


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