Legal Question in Credit and Debt Law in California
''Remove from credit report''
I would like an outstanding balance remove from my credit report, however, the fitness facilities claim I did not cancell my contract and so I must pay the balance hoever I was under the impression that I had 10 days to for a rewrite or cancell. I did cancell within the 10 day by phone and I have never receive a membership card from the facilities but my account has been forwarded to a collection agency. I did not receive a letter from the agency, I found out about the balance from a credit report. I want to go to small claims court. What do you suggest?
3 Answers from Attorneys
Re: ''Remove from credit report''
You should "go to court" and ask the court for a declaratory judgment. That is one that establishes the rights of the parties. It is what lawyers call equitable relief and places your matter on an expidited calendar.
Re: ''Remove from credit report''
You could also write to the credit reporting company to contest the validity of the report, explaining your side of the case. They are required by law to either get a confirmation from the creditor, or remove the report from your file.
You should also send a letter of demand to the company and the collection agency, disputing the claim. They are not allowed to report you for a disputed claim, and would require that they take some form of action.
Re: ''Remove from credit report''
The Creditor may be liable to you for violation of the Fair Credit Reporting Act and also the Federal Debt Collection Act. Any debt passed the statute of limitations should be removed. I will provide you with free consultation if you fax me your credit report and any letters to 714 363 0229.
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