Legal Question in Credit and Debt Law in California

I have a judgement for a deliquint account. We went to court, settled in mediation and the account is now paid in full. When I pulled my credit report, I noticed this company had noted on the account a series of write-offs for months payment was not paid on the account. The problem is a lot of the months they have noted as write-off were for months after we settled in mediation, and I had been making the monthly agreed upon payments. They have noted one month as a write off, but also noted the same month as the date of the last payment made on the account. Can they mark these months as a write off for the full original payment for the loan while I was making the agreed upon payments? Can they count interest as a write off and mark it on your credit report?

Thank you.

Melissa


Asked on 6/28/10, 1:38 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Melissa, you probably are going to have to review your credit report with an attorney who specializes in Fair Debt Collection Practices Act and Fair Credit Reporting Act matters. From the description you provide, it is really not possible to say if what they are doing is right or wrong. The other approach is to dispute the validity of the derrogatory remarks on your credit report with the three major credit reporting agencies and let them sort it out.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 7/08/10, 5:05 pm


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