Legal Question in Consumer Law in Virginia

Re: fraudulent adverse credit report filing

You are entitled to submit a report of up to 250 words giving your version of the events to each of the major credit reporting agencies and which is suppose to appear along with the adverse item

on your credit report.

Re: fraudulent adverse credit report filing

In addition to what Mr. Hendrickson told you, I'd point out that the dentist has a duty to "investigate" and get a statement to the credit reporting agency, and if he fails to do so, that would be a violation of the fair credit reporting act.

You may have a right to bring a civil action against the dentist under the virginia consumer protection act - va. code sect. 59.1-200 prohibits a "supplier of services" from doing anything in the context of a "consumer transaction" that is false, fraudulent, deceptive or misleading, and specifically prohibits sending a bill for something you don't actually owe money for. If you sue under the va. cons. prot. act, you get $500 minimum plus attorney's fees. If you couple the violation of the VCPA with an action for declaratory judgment to the effect that you don't actually owe the money, you can sue in the circuit court - otherwise you'll be in the general district court. No jury in either case. If you file in the GDC and lose there, you can appeal to the circuit court and have a jury on appeal (no declaratory judgment motion in that case). Either way, you have to prove you actually don't owe the money.

The dentist may also be liable for libel - publishing false information - for which your damages relate to whatever extra it cost you because of a denial of credit or whatever other damages you have as a result of that.