Just received this email, and thought it was interesting AND important to put out there.
My case was dismissed for lack of evidence on behalf of the collector who admitted they didn’t have anything. How do I go about removing this mark on my credit report?
You would dispute the tradeline with the credit bureaus as in a regular dispute. Include all of the documentation. Since the creditor reporting admitted they had nothing as far as evidence, they really cannot report under the Fair Credit Reporting Act (Refer to FCRA Section 623, reporting negative information without proof is not allowed. Also, see Cushman v. TransUnion, No. 95-CV-01743, Third Circuit, 1997.) If you were to apply for credit after the 30 days, and be denied because of those derogatory TL’s, then you could actually sue and win an award for actual damages!
If they refuse to remove the tradeline, speak to an attorney - you have a great case!
Popularity: 35% [?]
2 responses so far ↓
1 Eric Taylor // Jun 18, 2008 at 10:21 am
This same exact thing just happened to me 2weeks ago. The items are still on my experian and transunion credit report.
2 cajunbelle // Jul 1, 2008 at 8:57 am
IF the case was dismissed then you will have an uphill battle because nothing was really decided. Dismissed means that they can file again in the future - doesn’t mean the court decided in your favor.
However if the case was dismissed with prejudice or verdict for the defendant then this is a slam dunk on getting it removed. A simple letter to the CRA’s asking that the CA tradeline along with the OC tradeline be removed due to the dismissed with prejudice on such and such a date, case number and clerk of court’s name and phone # should do it.
If either tradeline comes back verified then you may have a case - seek a knowledgeable attorney who handles these cases on a regular bases for additional information.
Leave a Comment