Legal Question in Credit and Debt Law in California

Bank credit report error
A bank has made an error in reporting a write-off to one of the agencies which collects and disseminates such information. The erroneous report has resulted in the lowering of my credit score as well as cancellation of one of my credit cards. I am concerned that in may have additional effect on my credit rating.

In a letter to the bank dated December 2, 2002, I told them to correct the error and to provide me with evidence that they had done so. I got no response. In a second letter one month later, for which I have proof of delivery, I enclosed a copy of the first letter and requested that they take action without further delay. There has been no response to the second letter.

There is no doubt that the action by the bank has destroyed an unblemished record and damaged my good name. How do I get them to correct their error? Am I entitled to damages?

Asked on 2/17/03, 12:10 am

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

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Re: Bank credit report error

Thank you for your inquiry.

Under California law, the credit reporting system makes the credit reporting agencies responsible for verifying information when a challenge is filed, and liable if there is incorrect information.

You should direct your written inquiry to the credit reporting agency. They will then in turn ask for verification of the charge-off, and if it cannot be justified in writing, they must remove it within 90 days, or can be sued for not doing so.

I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to email me directly anytime at [email protected]. I�m happy to help in any way that I can.

Answered on 2/17/03, 12:11 pm

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