Legal Question in Credit and Debt Law in California

Info on Credit Report

The last payment on a debt was 9/02. Credit sold the debt to a collection agency in 2004. Collection agency reported information to the credit bureau which shows them as a separate creditor entry with an open date of 4/04. This means the same debt is being reflected for the original creditor and also the collection agency. Is this legal?

Also, if they show an open date of 4/04 it seems to me that this has the effect of showing the debt delinquency no earlier than 4/04? If so, is this legal?

If the collection agency got a default judgment stating the balance as of 9/02 was $5,900 when it was only $4,600, was it legal for them to cite an erroneous amount?


Asked on 1/28/06, 2:19 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Info on Credit Report

After September, write to each of the credit reporting agencies to dispute the debt and listings.

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Answered on 1/28/06, 3:14 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Info on Credit Report

In a nutshell, the collection agency is acting illegally and you have recourse even before the statute of limitations period tolls in september of this year. You may legally request a validation of debt beforehand and may also have standing for defamation here. For a free phone consultation, contact us directly.

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Answered on 1/28/06, 4:25 am


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